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AGOSTO v. WESTERN BEEF RETAIL, INC.

9871.

175 A.D.3d 1192 (2019)

109 N.Y.S.3d 38

2019 NY Slip Op 06711

Virginia Agosto, Appellant, v. Western Beef Retail, Inc., Doing Business as Western Beef, et al., Respondents.

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

September 24, 2019.

Attorney(s) appearing for the Case

Yadgarov & Associates, PLLC, New York ( Ronald S. Ramo of counsel), for appellant.

Rosenbaum & Taylor, P.C., White Plains ( Mark E. Jordan-Poinsette of counsel), for respondents.

Concur—Sweeny, J.P., Richter, Kapnick, Kern, Singh, JJ.

Supreme Court providently exercised its discretion in denying plaintiff's vacatur motion. The record shows that plaintiff's counsel of record was aware that the June 8, 2017 compliance conference had been adjourned before plaintiff failed to appear for the rescheduled compliance conference on July 24, 2017. The representation made by plaintiff's counsel of record that plaintiff's failure to appear for the July 24, 2017 compliance conference was caused by law office failure...

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