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NEW YORK NIGHTLIFE, LLC v. WAGNER DAVIS P.C.

6797, 603740/07.

92 A.D.3d 513 (2012)

938 N.Y.S.2d 427

2012 NY Slip Op 1121

NEW YORK NIGHTLIFE, LLC, Appellant, v. WAGNER DAVIS P.C., Defendant, and BRIAN OWENS, Respondent.

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

Decided February 14, 2012.

In this contract action, plaintiff's principal, a Russian citizen with a residence in New York, who had been subpoenaed by defendants, failed to appear for trial and the court dismissed the action (see CPLR 3215 [a]; 22 NYCRR 202.27). Even assuming that a reasonable excuse for the principal's failure to appear was provided, based on his unsubstantiated need to return to Russia to secure an extension of his visa, plaintiff failed to show that it has a meritorious cause...

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