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BOLLINO v. HITZIG

34 A.D.3d 711 (2006)

825 N.Y.S.2d 511

ROBERT BOLLINO, Appellant, v. GARY HITZIG et al., Defendants, and SEYMOUR HANDLER, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 28, 2006.

Ordered that the order is affirmed, with costs.

The complaint was dismissed pursuant to 22 NYCRR 202.27 after the plaintiff failed to appear on the date scheduled for jury selection. To be relieved of his default in appearing, the plaintiff was required to demonstrate both a reasonable excuse for the default and a meritorious cause of action (see McClaren v Bell Atl., 30 A.D.3d 569 [2006]; Kein v Zeno,

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