Legal Opinion
Jeganathan v. O'Reilly
White Plains City Court
Decided January 2, 2003Published
1Opinion of the Court
OPINION OF THE COURT
Jo Ann Friia, J.
In this case, the court is called upon to determine the burden a plaintiff must satisfy in order to vacate a dismissal of an action occasioned by counsel’s failure to appear at a duly scheduled pretrial conference. Critical to the outcome of this motion is an analysis of the calendar control devices available *198to specific trial courts when a party fails to appear for a scheduled conference and the evidentiary requirements which flow therefrom when a defaulting party seeks redress from such a transgression.
Procedural Background
This action was commenced in…
2Cases cited37 opinions
- Basetti v. NourAppellate Division of the Supreme Court of the State of New York · 2001
- Fennell v. MasonAppellate Division of the Supreme Court of the State of New York · 1994
- De Vito v. Marine Midland Bank, N. A.Appellate Division of the Supreme Court of the State of New York · 1984
- La Buda v. Brookhaven Memorial Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1983
- Montalvo v. Nel Taxi Corp.Appellate Division of the Supreme Court of the State of New York · 1985
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