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WATSON v. NEW YORK CITY TRANSIT AUTHORITY

38 A.D.3d 532 (2007)

832 N.Y.S.2d 240

ERIC WATSON et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY et al., Respondents, et al., Defendant.

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

Decided March 6, 2007.

Ordered that the order is affirmed, with costs.

The instant action was commenced in 1996. In May 2003, the plaintiffs filed a note of issue certifying that the case was ready for trial. On or about April 26, 2004, the plaintiffs asked that the action be removed from the trial calendar. The request was denied and the case was scheduled for a "firm trial date" of May 17, 2004.

On May 17, 2004, the plaintiffs' trial attorney failed to appear on the ground that...

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