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DAVIS v. MALDONADO
Appellate Division of the Supreme Court of New York, Second Department.
Aug 11, 2003
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DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the plaintiff's motion to restore the action. A case dismissed pursuant to 22 NYCRR 202.27 may be restored only if the plaintiff demonstrates both a reasonable excuse for the default in failing to appear at the conference and a meritorious cause of action ( see Syed v. Fedor, 296 A.D.2d 399). Since the plaintiff demonstrated both, the motion was properly granted.
RITTER, J.P., FEUERSTEIN, McGINITY, TOWNES and COZIER, JJ., concur.
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