Art Guild Gallery, Inc. v. Charmack

— In an action, inter alia, to recover the value of goods sold and delivered, plaintiffs appeal from (1) an order of the Supreme Court, Suffolk County (Cohalan, J.), dated April 18,1983, which, sua sponte, dismissed their complaint, with prejudice, due to counsel’s failure to appear on a “day certain” fixed for the continuation of a nonjury trial, and (2) an order of the same court, dated November 15, 1983, which denied their motion to restore the action to the Trial Calendar.

Orders reversed, in the exercise of discretion, without costs or disbursements, complaint reinstated and plaintiffs’…