CASO v. MANMALL, INC.

1662, 100560/05

68 A.D.3d 470 (2009)

2009 NY Slip Op 9065

894 N.Y.S.2d 374

LISA MARIE CASO, Respondent, v. MANMALL, INC., et al., Appellants, and CUSHMAN & WAKEFIELD, INC., et al., Respondents.

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

Decided December 8, 2009.


Plaintiff's attorney, who had appeared at all prior conferences, including the April 20, 2007 compliance conference at which the May 25, 2007 date for a further compliance conference was set, provided a reasonable excuse for his failure to appear at the May 25 conference, namely, that the May 25 date was not set forth in the April 20 conference order, and that he either did not hear the May 25 date orally announced at the April 20 conference, or, if he heard it, he forgot...

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