Failure to appear for trial allows the complaint to be dismissed WITH prejudice
New York Merchants Protective Co., Inc. v Costanza, 2010 NY Slip Op 51253(U)(App. Term 2d Dept. 2010)
“Plaintiff commenced this action to recover damages for breach of contract. Defendants appeared and answered, and the matter was adjourned to June 2007. The case was then adjourned and marked final for trial on October 24, 2007. Thereafter, the complaint was dismissed with prejudice….”
“Under the facts presented herein, the Civil Court did not improvidently exercise its discretion in denying plaintiff’s request for an adjournment and, therefore, properly dismissed the complaint with prejudice.”
Very interesting. I am not sure I have seen this one before.