NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
February 2, 2010
ALEXIS MAISONETTE, ET AL., PLAINTIFFS-APPELLANTS,
NEW YORK CITY HOUSING AUTHORITY, DEFENDANT-RESPONDENT,
HI-TECH MECHANICAL, DEFENDANT.
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered April 20, 2004, which denied plaintiff's motion to restore the action to the trial calendar, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Catterson, J.P., Acosta, DeGrasse, Abdus-Salaam, JJ.
Apart from the preclusive effect of the never-vacated prior order denying a prior motion to restore by plaintiff when neither side appeared to argue the motion (CPLR 5015), plaintiff fails to explain his utter lack of diligence in prosecuting the action or show a meritorious cause of action beyond the conclusory allegations in his notice of claim (CPLR 3404; see Muriel v St. Barnabas Hosp., 3 AD3d 419, 420 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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