Wahid v. Pour

Under the circumstances of this case, the Supreme Court properly dismissed the complaint insofar as asserted against the defendants Fred Khalili and Kings Dentistry upon the plaintiffs failure to appear at a scheduled conference (see 22 NYCRR 202.27 [b]; Syed v Fedor, 296 AD2d 399 [2002]). Contrary to the plaintiffs contention, his counsel’s purported “Affirmation of Engagement” (hereinafter the affirmation) did not excuse his counsel’s failure to appear at the scheduled conference. The affirmation did not comply with 22 NYCRR 125.1 (e) (1), as the *1016record did not indicate that the affirmation…