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DIAZ v. PERLSON

8094N. 304367/10.

168 A.D.3d 463 (2019)

89 N.Y.S.3d 619

2019 NY Slip Op 00194

Jose Luis Diaz, Appellant, v. Gary Perlson, Respondent.

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

Decided January 10, 2019.

"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" (Biton v Turco, 88 A.D.3d 519, 519 [1st Dept 2011]). Even assuming that plaintiff set forth a reasonable excuse for the failure to appear at the conference, the court providently exercised its discretion...

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