From Casetext: Smarter Legal Research

Brooks v. Haidt

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 2006
30 A.D.3d 365 (N.Y. App. Div. 2006)

Opinion

2005-07446.

June 6, 2006.

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Dillon, J.), entered June 22, 2005, as denied his motion to vacate an order of the same court dated April 4, 2005, directing dismissal of the complaint, to restore the action to the calendar and, pursuant to 22 NYCRR 130-1.1, to impose a sanction against the defendant Harold Haidt.

James M. Maloney, Port Washington, N.Y., for appellant.

Wormser, Kiely, Galef Jacobs, LLP, New York, N.Y., for respondent Dolores Haffner, and Harold Haidt, Chapel Hill, N.C., respondent pro se (one brief filed).

Before: Adams, J.P., Goldstein, Fisher and Lifson, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

An action dismissed pursuant to 22 NYCRR 202.27 may be restored only if the plaintiff demonstrates both a reasonable excuse for the default and a meritorious cause of action ( see Kein v. Zeno, 23 AD3d 351; Kandel v. Hoffman, 309 AD2d 904; Precision Envelope Co. v. Marcus Co., 306 AD2d 263, 264; Booth v. Hawk Contrs., 259 AD2d 577). The plaintiff failed to demonstrate a reasonable explanation for his failure to appear for a court conference or to comply with court-ordered discovery ( see Kingston v. Brookdale Hosp. Med. Ctr., 4 AD3d 397, 398; Kandel v. Hoffman, supra). Accordingly, the Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was to vacate the order directing dismissal of the complaint and to restore the action to the calendar.

Furthermore, the Supreme Court providently exercised its discretion in denying that branch of the plaintiff's motion which was to impose a sanction upon the defendant Harold Haidt pursuant to 22 NYCRR 130-1.1.


Summaries of

Brooks v. Haidt

Appellate Division of the Supreme Court of New York, Second Department
Jun 6, 2006
30 A.D.3d 365 (N.Y. App. Div. 2006)
Case details for

Brooks v. Haidt

Case Details

Full title:LORIMER P. BROOKS, Appellant, v. HAROLD HAIDT et al., Respondents

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

Date published: Jun 6, 2006

Citations

30 A.D.3d 365 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 4378
815 N.Y.S.2d 735

Citing Cases

Schmitt v. Jeyalingam

Upon the plaintiffs' failure to proceed on the scheduled trial date, the Supreme Court granted the…

Siculan v. Koukos

Contrary to the plaintiffs contention, the action was dismissed pursuant to 22 NYCRR 202.27 (b) for counsel's…