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CARELA v. PELHAM REALTY, INC.

57 A.D.3d 389 (2008)

868 N.Y.S.2d 889

YAGUIRIS CARELA, an Infant, by Her Mother and Natural Guardian, MARIA RINCON, et al., Respondents, v. PELHAM REALTY, INC., Appellant.

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

December 23, 2008.

This action was dismissed pursuant to 22 NYCRR 202.27 upon plaintiff's failure to attend a pretrial conference. In seeking to vacate the dismissal, plaintiffs came forward with the requisite satisfactory excuse for their default in appearing and a showing of a meritorious claim (see Rugieri v Bannister, 7 N.Y.3d 742 [2006]). Their attorneys did not willfully default when they failed to appear for a scheduled court conference and...

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