OKUN v. TANNERS


47 A.D.3d 475 (2008)

849 N.Y.S.2d 537

STANLEY OKUN, Respondent, v. PAUL TANNERS, Appellant.

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

Decided January 17, 2008.


The court properly excused plaintiff's failure to attend four pretrial conferences, including the May 9, 2005 conference at which the action was struck from the trial calendar, based on plaintiff's attorney's representation that he did not receive notice of any of the conferences (see Muriel v St. Barnabas Hosp., 3 A.D.3d 419, 420 [2004]; cf. Adames v New York City Tr. Auth., 126 A.D.2d 462

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