MONCION v. AA MAINTENANCE ENTERPRISE INC (2021)

Order (Jose A. Padilla, Jr., J.) entered January 21, 2020, affirmed, without costs. Appeal from order (Carolyn Walker-Diallo, J.), entered October 4, 2018, dismissed, without costs, as nonappealable (see CPLR 5511).

The action was dismissed as a result of plaintiff's nonappearance for trial (see 22 NYCRR § 208.14 [b] [2]), notwithstanding that the case was marked final for trial following two prior adjournments. In this posture, we find no abuse of discretion in the denial of plaintiff's vacatur motion. Plaintiff's unsubstantiated assertion regarding a subway delay was inadequate (see Matter of Clifford J., 238 AD2d 244 [1997]), particularly given the repeated delays in the prosecution of this action, including an 11-month delay in moving to open the instant default (see Media Sound v Maryland Cas. Ins. Co., 162 AD2d 224 [1990]). Even assuming plaintiff showed a reasonable excuse for the default, 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.

All concur.