Cacciatore v. City of New York

The prior order was properly vacated upon an adequate showing that the reason plaintiffs did not appear for oral argument of Brooklyn Union’s and defendant City’s post-note of issue motions for summary judgment, after having submitted written opposition thereto, was law office failure, and that plaintiffs had been otherwise diligent in prosecuting this then-eight-year-old action (CPLR 2005; see White v Incorporated Vil. of Hempstead, 41 AD3d 709, 710 [2007]). While plaintiffs’ showing of merit was sufficient for the purpose of vacating a minor, nonprejudicial default, they failed to raise an…