| Brown v Vanchieri |
| 2009 NY Slip Op 05942 [64 AD3d 678] |
| July 21, 2009 |
| Appellate Division, Second Department |
| Eli Brown, Appellant, v Jack Vanchieri et al.,Respondents. |
—[*1] Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, N.Y. (Thomas E. Leghornand Robert Pariser of counsel), for respondents.
In an action to recover damages for legal malpractice, the plaintiff appeals from an order ofthe Supreme Court, Kings County (Hurkin-Torres, J.), dated July 2, 2008, which denied hismotion, in effect, to vacate the dismissal of the action and to restore the action to the trialcalendar.
Ordered that the order is affirmed, with costs.
Where, as here, an action on the trial calendar is dismissed pursuant to 22 NYCRR 202.27(b), the dismissal of the action may be vacated, and the action restored to the trial calendar, onlyif the plaintiff can demonstrate both a reasonable excuse for the default and a meritorious causeof action (see CPLR 5015 [a] [1]; Santiago v Santana, 54 AD3d 929, 930 [2008]; Cazeau v Paul, 2 AD3d 477[2003]). Under all of the circumstances, including the plaintiff's failure to provide a reasonableexcuse for his lengthy delay in moving for that relief, the Supreme Court providently exercisedits discretion in denying the plaintiff's motion (see Seven Acre Wood St. Assoc. v Wood,286 AD2d 432 [2001]; Piacentini v Mineola Union Free School Dist., 267 AD2d 290,291 [1999]; cf. Matter of PutnamCounty Natl. Bank v JP Morgan Chase Bank N.A., 57 AD3d 677, 678 [2008]; Malik v Noe, 54 AD3d 733, 734[2008]). Rivera, J.P., Dillon, Covello, Eng and Hall, JJ., concur.