Legal Opinion

Wishograd v. Starrett City, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided March 11, 1996Published

1Opinion of the Court

The court did not improvidently exercise its discretion in denying the plaintiffs’ motion to vacate an order dismissing the complaint for failure-to appear at a pretrial conference. The plaintiffs failed to offer a reasonable excuse for failing to appear for the scheduled conference, and they did not demonstrate the existence of a meritorious cause of action (see, Blumberg v State of New York, 208 AD2d 581; Putney v Pearlman, 203 AD2d 333).

The plaintiffs’ remaining contention is not preserved for appellate review and is, in any event, without merit. Mangano, P. J., Thompson, Friedmann, Florio…

2Cases cited2 opinions

  1. Putney v. PearlmanAppellate Division of the Supreme Court of the State of New York · 1994
  2. Blumberg v. StateAppellate Division of the Supreme Court of the State of New York · 1994

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