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Bassuk v. White

Appellate Division of the Supreme Court of New York, Second Department
Jan 10, 1994
200 A.D.2d 550 (N.Y. App. Div. 1994)

Opinion

January 10, 1994

Appeal from the Supreme Court, Westchester County (Delaney, J., Gurahian, J.).


Ordered that the appeal from the order entered June 13, 1991, is dismissed, as that order was superseded by the order dated December 17, 1991, made upon reargument; and it is further,

Ordered that the order dated December 17, 1991, is affirmed insofar as appealed from; and it is further,

Ordered that the respondents are awarded one bill of costs.

We conclude that the Supreme Court did not improvidently exercise its discretion in denying the plaintiffs' motion pursuant to CPLR 5015 to vacate a prior order dismissing the plaintiffs' complaint (see, Arena v. City of New York, 196 A.D.2d 471).

The excuse presented by the plaintiffs for failing to attend a conference as directed by the Supreme Court is not a reasonable one under the circumstances (see, IBM Corp. v. Camp, Dresser McKee, 194 A.D.2d 645).

Nor is there any merit to the plaintiffs' contention that the notice of preliminary conference which was sent to their counsel of record did not provide them with adequate notice.

We have reviewed the plaintiffs' remaining contentions and conclude that they are without merit. Bracken, J.P., Balletta, O'Brien and Pizzuto, JJ., concur.


Summaries of

Bassuk v. White

Appellate Division of the Supreme Court of New York, Second Department
Jan 10, 1994
200 A.D.2d 550 (N.Y. App. Div. 1994)
Case details for

Bassuk v. White

Case Details

Full title:ARNOLD BASSUK et al., Appellants, v. DAVID WHITE et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 10, 1994

Citations

200 A.D.2d 550 (N.Y. App. Div. 1994)
608 N.Y.S.2d 842

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