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PRECISION ENVELOPE CO., v. MARCUS COMPANY
Appellate Division of the Supreme Court of New York, Second Department.
Jun 2, 2003
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DECISION ORDER
ORDERED that the order is affirmed, with costs.
It is undisputed that the plaintiff failed to appear at a status conference. To avoid dismissal pursuant to 22 NYCRR 202.27 for failing to appear at the conference, the plaintiff was required to demonstrate both a reasonable excuse for failing to appear at the conference, and the existence of a meritorious cause of action (see Lopez v. Imperial Delivery Serv., 282 A.D.2d 190, 197). The plaintiff failed to demonstrate either. Thus, the Supreme Court properly granted the defendant's motion.
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN, H. MILLER and CRANE, JJ., concur.
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