Island Seafood, Inc. v. Anchor Fish Distributors, Ltd.

—In an action, inter alia, to recover damages based on goods sold and delivered, the plaintiff and its attorney appeal from so much of an order of the Supreme Court, Nassau County (Alpert, J.), dated January 25, 1999, as, upon renewal of a prior motion to vacate an ex parte order of the same court, dated August 3, 1998, which dismissed the complaint based on the failure of the attorneys for both sides to appear at a pretrial conference, imposed as a condition for granting the prior motion that the plaintiff’s attorney pay to the defendant the sum of $1,000.

Ordered that the order is reversed…