Legal Opinion
Pichardo-Garcia v. Josephine's Spa Corp.
Appellate Division of the Supreme Court of the State of New York
Decided January 3, 2012PublishedCited by 8 opinions
1Opinion of the Court
In the absence of a determination by the motion court, pursu*414ant to CPLR 5015 (a) (1), of the reasonableness of plaintiffs proffered excuse for her failure to appear at a scheduled compliance conference, we reject the claim of law office failure as “conclusory and perfunctory” (see Perez v New York City Hous. Auth., 47 AD3d 505, 505 [2008]). Counsel explained that the failure to appear was due to a conflict between scheduled appearances in this action and in an unrelated action. However, he did not state that he took any steps to resolve or alleviate the conflict or that he was unaware of the…
2Cases cited2 opinions
- Perez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
- Youni Gems Corp. v. Bassco Creations Inc.Appellate Division of the Supreme Court of the State of New York · 2010
3Cited by8 opinions
- Galaxy General Contracting Corp. v. 2201 7th Ave. Realty LLCAppellate Division of the Supreme Court of the State of New York · 2012
- Vera v. SoohooAppellate Division of the Supreme Court of the State of New York · 2012
- Elkaim v. Lotte N.Y. Palace HotelAppellate Division of the Supreme Court of the State of New York · 2021
- 5706 Fifth Avenue, LLC v. KetriAppellate Division of the Supreme Court of the State of New York · 2015
- Agosto v. Western Beef Retail, Inc.Appellate Division of the Supreme Court of the State of New York · 2019
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