Practice point: A motion to dismiss will be granted, pursuant to
22 NYCRR 202.27(b), when plaintiff fails to provide a reasonable excuse for failing to appear on the trial start date, when the parties had stipulated to the date and to no further adjournments.
Practitioners should note the insufficiency of the excuse that, for the week set for trial, plaintiff was unable to get off work, when plaintiff was able to get time off to attend a family event. Aggravating factors might include the lengthy history of the case, including several prior motions to restore.
Case: Harris v. Bliss, NY Slip Op 01594 (1st Dept. 2009)
The opinion is here.
Monday’s issue: Attorneys’ fees.
