BARNAVE v. UNITED AMBULETTE, INC.

2009-01529.

66 A.D.3d 620 (2009)

885 N.Y.S.2d 645

2009 NY Slip Op 7214

LESLIE BARNAVE, Respondent, v. UNITED AMBULETTE, INC., et al., Appellants.

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

Decided October 6, 2009.


Ordered that the order is reversed, on the law, the facts, and in the exercise of discretion, with costs, and the plaintiff's motion, in effect, to vacate the dismissal of the action pursuant to 22 NYCRR 202.27 is denied.

The action was dismissed when the plaintiff failed to appear at a duly scheduled compliance conference (see 22 NYCRR 202.27 [b]). To be relieved of the default in appearing at the conference, the plaintiff was required to show both a reasonable...

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