Polsky v. Simon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for abuse of process and prima facie tort, the plaintiff appeals from an order of the Supreme Court, Nassau County (Cozzens, Jr., J.), entered September 23, 2015, which denied his motion pursuant to CPLR 5015 (a) (1) to vacate an order of the same court dated June 11, 2015, striking his complaint upon his failure to appear two times at the call of the trial calendar and directing the defendant to proceed to inquest on her counterclaims.
Ordered that the order entered September 23, 2015, is reversed, on the facts and in the exercise of discretion, with costs, and…
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