| Barnave v United Ambulette, Inc. |
| 2009 NY Slip Op 07214 [66 AD3d 620] |
| October 6, 2009 |
| Appellate Division, Second Department |
| Leslie Barnave, Respondent, v United Ambulette, Inc., etal., Appellants. |
—[*1]
In an action to recover damages for personal injuries, the defendants appeal from an order ofthe Supreme Court, Kings County (Ruchelsman, J.), dated January 12, 2009, which granted theplaintiff's motion, in effect, to vacate the dismissal of the action pursuant to 22 NYCRR 202.27.
Ordered that the order is reversed, on the law, the facts, and in the exercise of discretion,with costs, and the plaintiff's motion, in effect, to vacate the dismissal of the action pursuant to22 NYCRR 202.27 is denied.
The action was dismissed when the plaintiff failed to appear at a duly scheduled complianceconference (see 22 NYCRR 202.27 [b]). To be relieved of the default in appearing at theconference, the plaintiff was required to show both a reasonable excuse for the default and ameritorious cause of action (see CPLR 5015 [a] [1]; Brownfield v Ferris, 49 AD3d 790, 791 [2008]; Zeltser v Sacerdote, 24 AD3d541, 542 [2005]; Solomon vRamlall, 18 AD3d 461 [2005]). The plaintiff failed to demonstrate a reasonable excusefor his failure to appear at the compliance conference and failed to submit any evidence of ameritorious cause of action (see Brownfield v Ferris, 49 AD3d at 791). Accordingly, theplaintiff's motion should have been denied. Rivera, J.P., Miller, Balkin, Leventhal and Hall, JJ.,concur.