Framapac Delicatessen, Inc. v. Wolf

—Order, Supreme Court, New York County (Irma Vidal Santaella, J.), entered on or about November 30, 1988, which denied plaintiffs motion to vacate the court’s prior oral directive dismissing the complaint based upon plaintiffs alleged default in appearance at a January 15, 1988 pretrial conference, unanimously reversed, on the law, the facts and in the exercise of discretion, and the motion granted without costs.

We find it to be an improvident exercise of the IAS court’s discretion to dismiss this action based solely upon plaintiffs belated appearance at the pretrial conference. At the outset…