Barsel v. Green

Orders, Supreme Court, New York County (Jane Solomon, J.), entered December 8, 1998, insofar as they granted defendants’ motions to vacate a prior order striking their answers upon their failure to appear at a pretrial conference upon condition that each group of defendants pay plaintiff $100, unanimously affirmed; so much of the appeals as purport to be taken from portions of the above orders as barred plaintiff from conducting discovery unanimously dismissed; all without costs.

Defendants’ failure to appear at the pretrial conference was properly excused upon a showing that such failure was…