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FRANCHISE ACQUISITIONS v. JEFFERSON VALLEY

Appellate Division of the Supreme Court of New York, Second Department.
May 13, 2008
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Ordered that the order is affirmed, with costs.

To avoid dismissal of the complaint pursuant to 22 NYCRR 202.27 for failure to appear at a pretrial conference, a plaintiff is required to demonstrate both a reasonable excuse for failing to appear at the conference and the existence of a meritorious cause of action ( see Kang v LaGuardia Hosp., 12 AD3d 347; Precision Envelope Co. v Marcus Co., 306 AD2d 263, 264; Lopez v Imperial Delivery Serv., 282 AD2d 190, 197). Here, the plaintiff failed to establish a reasonable excuse for its failure to appear at the conference ( see Kang v LaGuardia Hosp., 12 AD3d at 348; Precision Envelope Co. v Marcus Co., 306 AD2d at 264).