Legal Opinion

Donnelly v. Treeline Companies

Appellate Division of the Supreme Court of the State of New York

Decided October 22, 2009Published

1Opinion of the Court

*564Order, Supreme Court, New York County (Edward H. Lehner, J.), entered January 15, 2008, which granted plaintiffs motion to vacate a prior dismissal of this action and restore the case to the calendar, unanimously affirmed, without costs.

A motion to vacate a dismissal for failure to appear at a scheduled court conference (22 NYCRR 202.27) is governed by CPLR 5015. Such a motion must be made within one year of service of a copy of the dismissal order with notice of entry, and be supported by a showing of reasonable excuse for the failure to attend the conference and a meritorious cause of…

2Cases cited3 opinions

  1. Latha Restaurant Corp. v. Tower InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
  2. Acevedo v. NavarroAppellate Division of the Supreme Court of the State of New York · 2005
  3. Donnelly v. Treeline CompaniesAppellate Division of the Supreme Court of the State of New York · 2004

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