COMMUNITY NETWORK SERV., INC. v. VERIZON N.Y., INC.


63 A.D.3d 547 (2009)

880 N.Y.S.2d 483

COMMUNITY NETWORK SERVICE, INC., Appellant, v. VERIZON NEW YORK, INC., Respondent.

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

Decided June 18, 2009.


We reject plaintiff's argument that the trial court's assertedly erroneous oral, in limine ruling limiting plaintiff's proof of damages gave it a reasonable excuse for refusing to proceed to trial (see 48 A.D.3d 249 [2008]). A litigation strategy cannot be a reasonable excuse for a default (cf. Manhattan Vermeer Co. v Guterman, 179 A.D.2d 561 [1992]). Plaintiff's remedy was not to defy the...

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