Gionfrido v. Wharf Realty, Inc.

This is an appeal by the plaintiff from the trial court’s dismissal of his case for failure to “appear to prosecute his cause.” We find no error.

The plaintiff sued the named defendant (hereinafter the defendant) for alleged tortious conduct by three of its employees1 in removing the plaintiff from a bar. On December 22, 1980, the plaintiff was nonsuited by the trial court, Edelberg, J., for failure to comply with discovery.2 The plaintiff’s motion to open the judgment of dismissal3 was denied by the trial court, Higgins, J., *30on February 10,1981. Subsequently, the plaintiff again moved to open…