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SCHMITT v. JEYALINGAM

2009-05217

71 A.D.3d 757 (2010)

894 N.Y.S.2d 918

TRACY SCHMITT et al., Appellants, v. NAGALINGAM JEYALINGAM et al., Respondents, et al., Defendant.

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

Decided March 9, 2010.

Ordered that the order dated April 13, 2009 is affirmed, with costs.

Upon the plaintiffs' failure to proceed on the scheduled trial date, the Supreme Court granted the defendants' motion to dismiss the action. To vacate the order dismissing the action and to restore the action to the trial calendar, the plaintiffs were required to demonstrate both a reasonable excuse for their default and a meritorious cause of action (see CPLR 5015 [a] [1]; 22 NYCRR 202.27...

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