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MONTER v. WILSON

56 A.D.3d 306 (2008)

867 N.Y.S.2d 89

MICHAEL MONTER et al., Respondents, v. SANDRA WILSON et al., Appellants, et al., Defendants.

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

November 6, 2008.

The court properly exercised its discretion under CPLR 5015 (a) (1) in granting reinstatement. Plaintiffs presented a reasonable excuse (see e.g. Navarro v A. Trenkman Estate, Inc., 279 A.D.2d 257, 258 [2001]) for missing a calendar call, at which they had been required to appear unless they filed a note of issue. Plaintiffs' counsel averred that prior to the scheduled conference he had made a good faith attempt to file a note of...

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