Carela v. Pelham Realty, Inc.

This action was dismissed pursuant to 22 NYCRR 202.27 upon plaintiffs failure to attend a pretrial conference. In seeking to vacate the dismissal, plaintiffs came forward with the requisite satisfactory excuse for their default in appearing and a showing of a meritorious claim (see Rugieri v Bannister, 7 NY3d 742 [2006]). Their attorneys did not willfully default when they failed to appear for a scheduled court conference and neglected to move to restore the case to the calendar (see Sanchez v Javind Apt. Corp., 246 AD2d 353 [1998]). In the absence of service of the dismissal order with…