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Acosta v. Riverdale Development

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


April 20, 2010

BELKIS ACOSTA, PLAINTIFF-RESPONDENT,
v.
RIVERDALE DEVELOPMENT, LLC, ET AL., DEFENDANTS-APPELLANTS,
PROMETHEUS ASSISTED LIVING, LLC, ET AL., DEFENDANTS.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered May 15, 2009, which granted plaintiff's motion to vacate a default judgment and restore this matter 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.

Tom, J.P., Saxe, Friedman, Nardelli, Catterson, JJ.

20917/05

A compliance conference was held during the pendency of a stay of the action. Defendants appeared, but plaintiff, then pro se, did not. The conference was adjourned, and plaintiff was never notified of the adjournment date. Initially, we note that the action was improperly dismissed under § 202.27 of the Uniform Court Rules. Although plaintiff did not appear for the adjourned conference, she was wholly ignorant of the conference date through no fault of her own. Thus, § 202.27(b) is inapplicable. We need not consider the merits of plaintiff's claim because the order entering the default under § 202.27 was improperly entered. Finally, vacatur here was consistent with the strong public policy favoring resolution of cases on their merits (Telep v Republic El. Corp., 267 AD2d 57, 58-59 [1999]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100420

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