James C. v. Cintron

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about September 19, 2013, which granted plaintiffs’ motion to vacate a prior dismissal of this action and restore the case to the trial calendar, unanimously reversed, on the law, without costs, and the motion denied.

While the record shows that plaintiffs may have demonstrated a reasonable excuse for their default in appearing at status conferences held in 2011 and 2012, plaintiffs failed to demonstrate a meritorious cause of action (see CPLR 5015 [a]; Donnelly v Treeline Cos., 66 AD3d 563 [1st Dept 2009]). The affidavit of…