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COMMUNITY NETWORK SERVICE, INC. v. VERIZON NEW YORK, INC.

48 A.D.3d 249 (2008)

849 N.Y.S.2d 777

COMMUNITY NETWORK SERVICE, INC., Appellant, v. VERIZON NEW YORK, INC., Respondent.

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

Decided February 7, 2008.

Dismissal of the action for failure to prosecute was proper where, on the scheduled date of trial, plaintiff's counsel refused to select a jury (22 NYCRR 202.27 [b]; and see Campos v New York City Health & Hosps. Corp., 307 A.D.2d 785 [2003]). Plaintiff's remedy lies in a motion to vacate in which it must "make a showing of a meritorious action and a reasonable excuse for [its] default" (id...

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