Simmons v. Happel

Appeal from an order of the Supreme Court (Harris, J.), entered June 3, 1994 in Albany County, which denied plaintiff’s motion to vacate a default judgment entered against her.

We conclude that plaintiff failed to demonstrate a reasonable excuse for her failure to appear for trial on July 12, 1993. When plaintiff appeared at a calendar call in February 1993, she fired her attorney as a result of her disagreement with his advice that she accept a settlement offer from defendant. The Justice presiding at the calendar call advised plaintiff to seek new counsel and set July 12, 1993 as the day…