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Mitrany v. American Title Insurance

238 A.D.2d 179 Court N.Y. App. Div. Decision date 1997-04-10 English

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p. 179
Sion Mitrany, Appellant, v American Title Insurance Company, Respondent.
[655 NYS2d 957]

—Orders, Supreme Court, New York County (Edward Lehner, J.), entered November 22, 1995, which denied plaintiff’s motion to vacate an order dismissing the action upon plaintiff’s failure to appear at a calendar call, and February 21, 1996, which, insofar as appeal-able, denied plaintiff’s motion to renew the prior motion, unanimously affirmed, without costs.

Judicial preference for disposing of cases on the merits does not relieve a party seeking to vacate a default of the two-pronged burden of showing merit to its position and a reasonable excuse for the default. The motion court properly rejected plaintiff’s vague excuses for his failure to appear at a calendar call, which came after a long period of inaction in this matter, repeated dilatory tactics and a history of noncompliance with court orders, all to defendant’s resultant prejudice. Concur— Murphy, P. J., Williams, Tom and Mazzarelli, JJ.