Legal Opinion
Summit Waterproofing & Restoration Corp. v. Scarsdale Country Estates Owners, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 3, 1996PublishedCited by 5 opinions
1Opinion of the Court
*432Contrary to the plaintiff’s contention, the court did not improvidently exercise its discretion in marking the case off the calendar for counsel’s failure to appear at a scheduled conference, and in conditioning restoration of the case to the calendar on the payment to the respondent’s attorney of the sum of $392.50 (see, 22 NYCRR 202.27; CPLR 3404). Although the plaintiff did not seek to vacate the default, in view of its submission of an affidavit in opposition to settlement of the order and the posting of an undertaking in the amount awarded, upon payment of that amount to the respondent’s…
2Cases cited3 opinions
- Horowitz v. Camp Cedarhurst & Town & Country Day School, Ltd.Appellate Division of the Supreme Court of the State of New York · 1986
- Ashline v. Kestner Engineers, P. C.Appellate Division of the Supreme Court of the State of New York · 1995
- Davis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by5 opinions
- Christian v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Morgenstern v. Jeffsam Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Richard's Home Center & Lumber, Inc. v. KownackiAppellate Division of the Supreme Court of the State of New York · 1998
- Davoli v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Dalton v. NalvenAppellate Division of the Supreme Court of the State of New York · 1997