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330 WYTHE AVENUE ASSOCIATES, LLC v. ABR CONSTRUCTION, INC.

55 A.D.3d 599 (2008)

864 N.Y.S.2d 314

330 WYTHE AVENUE ASSOCIATES, LLC, Respondent, v. ABR CONSTRUCTION, INC., et al., Appellants, et al., Defendants. (And a Third-Party Action.)

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

October 7, 2008.

Ordered that the order is affirmed, with costs.

The plaintiff's action was dismissed when neither the plaintiff nor its attorney appeared on the date set for a compliance conference. Accordingly, in order to vacate the dismissal and to restore the action to the calendar, the plaintiff was required to demonstrate both a reasonable excuse for the default and a meritorious cause of action (see 22 NYCRR 202.27; Jones v New York City Hous. Auth., ...

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