APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
September 9, 2011
GOLDBERG WEPRIN FINKEL GOLDSTEIN LLP F/K/A GOLDBERG WEPRIN & USTIN LLP,
PIERRE A. WINTER,
Goldberg Weprin Finkel Goldstein LLP v Winter
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on September 9, 2011
PRESENT: Torres, J.P., Shulman, Hunter, Jr., JJ
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Margaret A. Chan, J.), entered February 9, 2011, which denied its motion, in effect, to vacate its default in appearing at a calendar call.
Order (Margaret A. Chan, J.), entered February 9, 2011, reversed, without costs, motion granted, dismissal order vacated and complaint reinstated.
This action to recover attorney's fees was dismissed upon plaintiff's failure to appear at a calendar call. Plaintiff's unopposed motion seeking, in effect, to vacate its unintended default in appearing should have been granted, since plaintiff demonstrated both a reasonable excuse for failing to appear and a potentially meritorious cause of action (see V.S. Med. Servs., PC v Travelers Ins. Co., 24 Misc 3d 32, 34 ; Seccomandi v 999 Rest. Corp., 24 Misc 3d 140[A], 2009 NY Slip Op 51639[U] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: September 09, 2011
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