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FEDERS v. LAMPRECHT

43 A.D.3d 276 (2007)

840 N.Y.S.2d 346

SID FEDERS, Appellant, v. JERRY LAMPRECHT et al., Respondents, et al., Defendants.

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

Decided August 2, 2007.

Under the circumstances, the motion court's denial of the motion to vacate was an improvident exercise of discretion. The record shows no intention to abandon the action, and defendants alleged no prejudice as a result of the delay. The court's sua sponte dismissal was based upon plaintiff's counsel's failure to appear at a discovery compliance conference (22 NYCRR 202.27 [b]), which apparently was the first such conference scheduled...

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