Good luck to those sitting for the New York practice day of the bar exam.
Practice point: The Supreme Court, sua sponte, dismissed this action pursuant to 22 NYCRR § 202.27(b) on the ground that the plaintiff failed to appear for a count-ordered compliance conference. However, the plaintiff demonstrated that he did not receive notice of the date of that compliance conference. As the plaintiff did not have notice of the compliance conference, the plaintiff's default was a nullity.
Student note: Consequently, vacatur of the default was required as a matter of law and due process, and no showing of a potentially meritorious cause of action was required.
Case: Rosas v. Stieg, NY Slip Op 05441 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: Coops, the business judgment rule, and recovering attorneys' fees.
