Opinion
November 30, 1992
Appeal from the Supreme Court, Westchester County (Donovan, J.).
Ordered that the orders are affirmed, with one bill of costs.
We find that the Supreme Court did not err in dismissing the complaint when the plaintiff failed to appear on the date set for jury selection (see, e.g., Headley v Noto, 22 N.Y.2d 1; Wright v Defelice Son, 22 A.D.2d 962, affd 17 N.Y.2d 586). Although contacted directly by the court, the plaintiff's attorney refused to proceed with jury selection, and the matter had been previously adjourned on numerous occasions at the plaintiff's request.
In view of our determination, the issue of whether the court properly granted the defendant's motion for partial summary judgment on the fifth cause of action is academic. However, we note our agreement with the Supreme Court that the plaintiff failed to allege sufficient facts to support the claim that the defendant was liable for consequential damages which were attributed to the financial failure of the plaintiff (see generally, American List Corp. v U.S. News World Report, 75 N.Y.2d 38; Kenford Co. v County of Erie, 73 N.Y.2d 312). Sullivan, J.P., Lawrence, Miller and O'Brien, JJ., concur.