Fuchs v. Midali America Corp.

Full title: PAOLA FUCHS et al., Respondents, v. MIDALI AMERICA CORP. et al., Appellants

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

Date published: Apr 29, 1999

260 A.D.2d 318 (N.Y. App. Div. 1999)

689 N.Y.S.2d 80

Opinion

April 29, 1999

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).

Defendants do not show a reasonable excuse for their failure to appear on two scheduled trial dates. They do not explain why some indication of their scheduling needs could not have been conveyed to the court, if not through their attorney of record, then through covering counsel ( see, Teachers Ins. Annuity Assn. v. Code Beta Group, 204 A.D.2d 193). However, as the damages are unliquidated, defendants are entitled to a hearing thereon, and we modify accordingly ( see, Rokina Opt. Co. v. Camera King, 63 N.Y.2d 728).

Concur — Nardelli, J. P., Tom, Lerner, Mazzarelli and Friedman, JJ.