Kidwell v. Xerox Corp.

Order, Supreme Court, New York County (Edward Lehner, J.), entered February 14, 2000, which denied plaintiff’s motion to vacate an order dismissing the action upon the parties’ failure to appear at a March 13, 1995 status conference, unanimously affirmed, without costs.

The primary cause of the delay and inactivity in the case was due to plaintiffs failure to contact her attorney or to make her whereabouts known to her attorney for some four years so that he could contact her. Indeed, the reason counsel did not place the action on the calendar was because he was unable to contact his client…