American Continental Properties, Inc. v. Lynn

Orders, Supreme Court, New York County (Rolando T. Acosta, J.), entered August 9 and August 10, 2005, which, in an action for architectural malpractice, granted defendant’s motion to “strike” plaintiffs’ motion for summary judgment and denied plaintiffs’ cross motion to vacate the dismissal of the action pursuant to 22 NYCRR 202.27, unanimously affirmed, without costs.

There is no dispute that, as reflected in the court’s computerized records, the action was dismissed on February 28, 1997 pursuant to 22 NYCRR 202.27 (c) when both sides failed to appear for a preliminary conference. That an…