| Community Network Serv., Inc. v Verizon N.Y., Inc. |
| 2008 NY Slip Op 01072 [48 AD3d 249] |
| February 7, 2008 |
| Appellate Division, First Department |
| Community Network Service, Inc., Appellant, v VerizonNew York, Inc., Respondent. |
—[*1] Ledy-Gurren Bass & Siff, LLP, New York City (Nancy Ledy-Gurren of counsel), forrespondent.
Judgment, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered September26, 2007, dismissing plaintiff's action with prejudice for failure to prosecute, unanimouslyaffirmed, without costs.
Dismissal of the action for failure to prosecute was proper where, on the scheduled date oftrial, plaintiff's counsel refused to select a jury (22 NYCRR 202.27 [b]; and see Campos vNew York City Health & Hosps. Corp., 307 AD2d 785 [2003]). Plaintiff's remedy lies in amotion to vacate in which it must "make a showing of a meritorious action and a reasonableexcuse for [its] default" (id. at 785). Concur—Mazzarelli, J.P., Saxe, Friedman,Catterson and Acosta, JJ.