AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

DONALD BOOTH, Appellant, v. HAWK CONTRACTORS, INC., Defendant and RIGID ELECTRICAL CONTRACTING CORP. et al., Respondents. (And a Third-Party Action.)

Ordered that the order is affirmed insofar as appealed from, with costs.

On December 3, 1993, the Supreme Court signed an order which, inter alia, directed the entry of a default judgment against two of the three defendants in this action, and directed an inquest to assess damages. On April 24, 1995, the Supreme Court issued a preliminary conference order which directed, among other things, that the plaintiff's examination before trial be held on July 19, 1995. At compliance conferences held on September 20, 1995, and December 13, 1995, the parties reported that the examinations before trial had not been conducted. The court directed the examinations before trial to take place by February 15, 1996, and the plaintiff's physical examination to take place in March. On April 16, 1996, the parties reported once again that the depositions had not been conducted. The court scheduled a trial readiness conference for September 4, 1996, and directed that all discovery be completed by that date. On September 4, 1996, the plaintiff's counsel failed to appear at the scheduled time of the trial readiness conference, at which time the court was advised that discovery had not been completed, and the court dismissed the action ( see, 22 NYCRR 202.27 [b]).

In moving to vacate the order dismissing the action, the plaintiff failed to show a reasonable excuse for his failure to comply with discovery and his failure to announce his readiness for inquest. Therefore, the court providently exercised its discretion in refusing to vacate the dismissal ( see, CPLR 5015 [a] [1]; Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 N.Y.2d 831; Barasch v. Micucci, 49 N.Y.2d 594; Foster v. Gherardi, 201 A.D.2d 701).

Mangano, P. J., Santucci, Krausman and Florio, JJ., concur.

Use AI to get other relevant cases.

Comments

BOOTH v. HAWK CONTRACTORS, INC
(Mar 15, 1999)