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Wishograd v. Starrett City, Inc.

225 A.D.2d 617 Court N.Y. App. Div. Decision date 1996-03-11 English

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p. 617
Pauline Wishograd et al., Appellants, v Starrett City, Inc., et al., Respondents.
[639 NYS2d 730]

The court did not improvidently exercise its discretion in denying the plaintiffs’ motion to vacate an order dismissing the complaint for failure-to appear at a pretrial conference. The plaintiffs failed to offer a reasonable excuse for failing to appear for the scheduled conference, and they did not demonstrate the existence of a meritorious cause of action (see, Blumberg v State of New York, 208 AD2d 581 ; Putney v Pearlman, 203 AD2d 333 ).

The plaintiffs’ remaining contention is not preserved for appellate review and is, in any event, without merit. Mangano, P. J., Thompson, Friedmann, Florio and McGinity, JJ., concur.

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