Maisonette v New York City Hous. Auth.

Maisonette v New York City Hous. Auth. 2010 NY Slip Op 00731 [70 AD3d 415] February 2, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 31, 2010

Alexis Maisonette et al., Appellants,
v
New York City Housing Authority, Respondent, et al., Defendant.

—[*1] Solomon Rosengarten, Brooklyn, for appellants.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Patrick J. Lawless of counsel), for respondent.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered April 20, 2004, which denied plaintiff's motion to restore the action to the trial calendar, unanimously affirmed, without costs.

Apart from the preclusive effect of the never-vacated prior order denying a prior motion to restore by plaintiff when neither side appeared to argue the motion (CPLR 5015), plaintiff fails to explain his utter lack of diligence in prosecuting the action or show a meritorious cause of action beyond the conclusory allegations in his notice of claim (CPLR 3404; see Muriel v St. Barnabas Hosp., 3 AD3d 419, 420 [2004]). Concur—Catterson, J.P., Acosta, DeGrasse and Abdus-Salaam, JJ.