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ANDRE v. JONES

41 A.D.3d 208 (2007)

838 N.Y.S.2d 61

CLAUDE ANDRE, Appellant, v. CLEMENT JONES et al., Respondents, et al., Defendants.

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

Decided June 14, 2007.

Defendants' explanations for their failure to appear for three compliance conferences, i.e., that they believed they were represented by attorneys who had been substituted in place of their original, but since suspended, attorney, and were not notified of the conferences, are reasonable and adequate to support their motion for vacatur of the order of preclusion entered in consequence of their nonappearances (see Simmons v Pantoja...

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