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DEBERARDINIS v. VILLAGE OF OSSINING

56 A.D.3d 715 (2008)

868 N.Y.S.2d 1341

DONALD J. DEBERARDINIS, Appellant, v. VILLAGE OF OSSINING et al., Respondents.

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

November 25, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

Due to the plaintiff's failure to appear at a trial readiness conference and his failure to comply with the Supreme Court's discovery directives, the action was dismissed. The Supreme Court denied the plaintiff's motion to vacate the default. The plaintiff moved for leave to reargue and renew his motion to vacate, supported by new evidence to show that...

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