Polanco v. City of New York

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered September 1, 2009, which, in this action for personal injuries that was dismissed upon the failure of plaintiffs counsel to appear for trial, denied plaintiffs motion seeking, inter alia, to restore the action to the trial calendar, unanimously affirmed, without costs.

The motion court exercised its discretion in a provident manner in denying the subject motion, as the record establishes that there was no reasonable excuse for the failure of plaintiffs attorney to appear for the jury trial on the subject action, which had…