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HARRIS v. BLISS

60 A.D.3d 437 (2009)

873 N.Y.S.2d 488

ANTHONY HARRIS, Appellant, v. "JOHN" BLISS et al., Respondents.

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

Decided March 5, 2009.

The court properly exercised its discretion in dismissing the complaint pursuant to 22 NYCRR 202.27 (b) (see Saunders v Riverbay Corp., 17 A.D.3d 137 [2005]). Plaintiff failed to provide a reasonable excuse for his failure to appear on the July 16, 2007 trial start date, given the parties' explicit May 1, 2007 stipulation to the firm trial date with no further adjournments. We note the...

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