Practice point: A motion to vacate a dismissal for failure to appear at a scheduled court conference must be made within one year of service of a copy of the dismissal order with notice of entry, and be supported by a showing of reasonable excuse for the failure to attend the conference and a meritorious cause of action, pursuant to CPLR 5015.
Practitioners should note that where the dismissal order has never been served with notice of entry, there is no time limit on making a motion to vacate the dismissal.
Case: Donnelly v. Treeline Cos., NY Slip Op 07504 (1st Dept 2009)
The opinion is here.
Tomorrow’s issue: Torts.
