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BITON v. TURCO

Nos. 5721, 5721A, 5721B, 5721C, 115485/06, 3815, 3976.

88 A.D.3d 519 (2011)

930 N.Y.S.2d 876

2011 NY Slip Op 7189

CRYSTAL BITON, Appellant, v. JOE TURCO et al., Respondents.

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

Decided October 13, 2011.

A motion to vacate a dismissal for failure to appear at a scheduled court conference (22 NYCRR 202.27) must be supported by a showing of reasonable excuse for the failure to attend the conference and a meritorious cause of action (see Donnelly v Treeline Cos., 66 A.D.3d 563 [2009]). The showing of merit necessary to vacate a section 202.27 default is less than what is necessary for opposing a motion for summary judgment (see Goodwin...

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