Great Plains Capital Corp. v. Bindra

*501On October 18, 2006, the plaintiffs attorney failed to appear for a court-ordered deposition of the defendant Narinder Bindra. On the same day, the defendants’ attorney made an oral application before the Supreme Court to dismiss the action based on the “failure to prosecute.” The Supreme Court granted the defendants’ oral application and issued an order dated October 23, 2006, directing dismissal of the action with prejudice. By notice of motion dated January 3, 2007, the plaintiff moved, inter alia, to vacate the order dated October 23, 2006. The Supreme Court denied that branch of the…