Raidy J.G. v City of New York

Raidy J.G. v City of New York 2016 NY Slip Op 05020 Decided on June 23, 2016 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 23, 2016
Acosta, J.P., Saxe, Gische, Webber, Kahn, JJ.
1344 155866/06

[*1]Raidy J. G., an Infant by His Mother and Natural Guardian, etc., et al., Plaintiffs-Respondents,

v

The City of New York, et al. Defendants-Appellants, Jane ("Ana") Doe, etc., Defendant.

Zachary W. Carter, Corporation Counsel, New York (Janet L. Zaleon of counsel), for appellants.

Gray Law Firm PLLC, New York (Peter J. Eliopoulos of counsel), for respondents.

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered February 5, 2014, which granted plaintiffs' motion to vacate a prior order dismissing the complaint due to plaintiffs' failure to appear for scheduled depositions, unanimously affirmed, without costs.

It was not an improvident exercise of the court's broad discretion to give plaintiffs one final opportunity to appear within two months for depositions on an agreed-upon date, and to

provide that the action would be restored to the court's calendar if plaintiffs complied with that condition, or dismissed if they did not.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 23, 2016

CLERK