AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

KERI FELSEN, Raespondent, v. STOP SHOP SUPERMARKET COMPANY, LLC, Appellant.

Ordered that the order entered August 20, 2010, is affirmed insofar as appealed from, with costs.

The action was dismissed when the plaintiffs attorney failed to appear at a compliance conference ( see 22 NYCRR 202.27 [b]). To be relieved of the default in appearing at that conference, the plaintiff was required to show both a reasonable excuse for the default and the existence of a potentially meritorious cause of action ( see CPLR 5015 [a] [1]; Marrero v Crystal Nails, 77 AD3d 798, 799; Siculan v Koukos, 74 AD3d 946, 947; Chechen v Spencer, 68 AD3d 801, 802; Barnave v United Ambulette, Inc., 66 AD3d 620). When the plaintiffs attorney appeared at the courtroom at 9:50 AM., the assigned Justice was on the bench conducting an unrelated trial. After being informed by the defendant's attorney of certain outstanding discovery, the plaintiffs attorney stepped away from the courtroom, inter alia, to make a telephone call to her office regarding this discovery. When the plaintiffs attorney returned to the courtroom, she discovered that the action had been dismissed at 10:45 AM. The plaintiff established a reasonable excuse for her default ( see Rugieri v Bannister, 22 AD3d 299, mod 7 NY3d 742; Reices v Catholic Med. Ctr. of Brooklyn Queens, 306 AD2d 394; D'Aniello v T.E.H. Slopes, 301 AD2d 556, 558). Furthermore, the plaintiffs verified complaint and affidavit of merit set forth facts sufficient to establish the existence of a potentially meritorious cause of action ( see Zeltser v Sacerdote, 24 AD3d 541, 542; Bianco v LiGreci, 298 AD2d 482; Anamdi v Anugo, 229 AD2d 408, 409). Accordingly, the Supreme Court providently exercised its discretion in granting those branches of the plaintiffs motion which were to vacate the prior order dismissing the action and to restore the action to the active calendar ( see Rugieri v Bannister, 22 AD3d 299; Reices v Catholic Med. Ctr. of Brooklyn Queens, 306 AD2d 394; D'Aniello v T.E.H. Slopes, 301 AD2d at 558).

[Prior Case History: 2010 NY Slip Op 32291(U).]

Use AI to get other relevant cases.

Comments

FELSEN v. STOP SHOP
(Apr 5, 2011)