CACCIATORE v. CITY OF NEW YORK


49 A.D.3d 271 (2008)

854 N.Y.S.2d 111

THOMAS CACCIATORE et al., Respondents, v. CITY OF NEW YORK, Defendant, and BROOKLYN UNION GAS COMPANY, Appellant.

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

Decided March 4, 2008.


The prior order was properly vacated upon an adequate showing that the reason plaintiffs did not appear for oral argument of Brooklyn Union's and defendant City's post-note of issue motions for summary judgment, after having submitted written opposition thereto, was law office failure, and that plaintiffs had been otherwise diligent in prosecuting this then-eight-year-old action (CPLR 2005; see White v Incorporated Vil. of Hempstead, 41 A.D.3d 709...

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