Solomon v. Ramlall
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Huttner, J.), dated March 10, 2004, which denied his motion to vacate the dismissal of the action pursuant to 22 NYCRR 202.27 (b).
Ordered that the order is affirmed, with costs.
The action was dismissed when the plaintiffs counsel failed to appear on the date set for jury selection (see 22 NYCRR 202.27 [b]). To be relieved of the default in appearing, the plaintiff was required to demonstrate both a reasonable excuse for the default and a meritorious cause of action…
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