Vazquez v. Nearman

Order, Supreme Court, New York County (Harold Baer, Jr., J.), entered on or about April 15, 1988, which denied plaintiffs motion to vacate the dismissal of his complaint occasioned by plaintiffs failure to appear at two preliminary conferences, unanimously reversed, on the law, the facts and in the exercise of discretion, plaintiffs motion is granted and the complaint reinstated, without costs.

It is not disputed that on the dates both conferences were scheduled, namely on March 16 and June 8, 1987, plaintiff was unrepresented by counsel, because his attorney of record was under disciplinary…