MUMFORD v. 854 GERARD AVE CORP (2020)

Order (Marissa Soto, J.), entered November 8, 2019, affirmed, with $10 costs.

This action was dismissed as a result of plaintiff's nonappearance at a scheduled court conference (see 22 NYCRR § 208.14[b][2] ), and plaintiff's prior motion to vacate that dismissal was denied because of her nonappearance on the scheduled motion return date. In this posture, we find no abuse of discretion in the denial of plaintiff's most recent vacatur motion. Plaintiff's counsel's unsubstantiated assertion that a clerical error caused the case to be dismissed for nonappearance at a scheduled court conference was inadequate, particularly given the repeated and extended delays in prosecuting the action over the course of more than sixteen years (see Ward v. New York City Health & Hosps. Corp., 82 AD3d 471 [2011]; Cato v. City of New York, 70 AD3d 471, 472 [2010]). Even assuming that plaintiff showed a reasonable excuse for her multiple defaults, she failed to demonstrate a meritorious cause of action (see Fink v. Antell, 19 AD3d 215 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.