GIACOMO FRANGIONE v. DANIELS


44 A.D.3d 708 (2007)

843 N.Y.S.2d 427

LISA DI GIACOMO FRANGIONE et al., Appellants, v. BARBARA DANIELS et al., Respondents.

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

Decided October 9, 2007.


Ordered that the order is affirmed, with costs.

In this case, the plaintiffs' action was dismissed when neither the plaintiffs nor anyone on their behalf appeared on the date set for trial. Accordingly, in order to vacate the default and restore the action to the trial calendar, the plaintiffs were required to demonstrate both a reasonable excuse for the default and a meritorious cause of action (see 22 NYCRR 202.27; Jones v New York City Hous. Auth.,

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