CORR v. THACKER (2006)

Supreme Court, Appellate Division, First Department, New York.

Kevin CORR, et al., Plaintiffs-Appellants, v. Jeffrey D. THACKER, Defendant-Respondent.

Decided: October 31, 2006

TOM, J.P., ANDRIAS, MARLOW, McGUIRE, MALONE, JJ.

Joseph A. Maria, White Plains, for appellants. Ahmuty, Demers & McManus, Albertson (Brendan T. Fitzpatrick of counsel), for respondent.

Order, Supreme Court, Bronx County (Bertram Katz, J.), entered December 22, 2004, which denied plaintiffs' motion for permission to file a note of issue and restore the matter to the trial calendar, unanimously affirmed, without costs.

Plaintiffs offered no reasonable excuse for their delay in seeking to restore the instant matter to the trial calendar (see Almanzar v. Rye Ridge Realty Co., 249 A.D.2d 128, 671 N.Y.S.2d 481 [1998] ). Their assertions of “law office failure” are unavailing since they do not satisfactorily account for their failure to take advantage of the numerous opportunities they were given by the court over a period of nearly 10 years to restore the matter.

We have considered plaintiffs' remaining arguments and find them unavailing.

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