Legal Opinion
Biton v. Turco
Appellate Division of the Supreme Court of the State of New York
Decided October 13, 2011PublishedCited by 7 opinions
1Opinion of the Court
A motion to vacate a dismissal for failure to appear at a scheduled court conference (22 NYCRR 202.27) must be supported by a showing of reasonable excuse for the failure to attend the conference and a meritorious cause of action (see Donnelly v Treeline Cos., 66 AD3d 563 [2009]). The showing of merit necessary to vacate a section 202.27 default is less than what is necessary for opposing a motion for summary judgment (see Goodwin v New York City Hous. Auth., 78 AD3d 550 [2010]).
Here, even assuming plaintiff alleged a reasonable excuse for the failure to appear at the conference based on law…
2Cases cited5 opinions
- Goodwin v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2010
- Fink v. AntellAppellate Division of the Supreme Court of the State of New York · 2005
- DeRosario v. New York City Health & Hospital Corp.Appellate Division of the Supreme Court of the State of New York · 2005
- Chiaramonte v. CoppolaAppellate Division of the Supreme Court of the State of New York · 2011
- Ortiz v. Silver Dollar Transit Inc.Appellate Division of the Supreme Court of the State of New York · 2004
3Cited by7 opinions
- 122-24 Lexington Ave. Corp. v. Wesco Ins. Co.Appellate Division of the Supreme Court of the State of New York · 2021
- Bank of New York v. MohammedAppellate Division of the Supreme Court of the State of New York · 2015
- Bank of New York v. MohammedAppellate Division of the Supreme Court of the State of New York · 2015
- Barclay v. EtimAppellate Division of the Supreme Court of the State of New York · 2015
- Barclay v. EtimAppellate Division of the Supreme Court of the State of New York · 2015
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