Raidy J.G., an Infant by His Mother and Natural Guardian, et al., Respondents, v City of New York et al., Appellants, et al., Defendant.
2016 NY Slip Op 05020 [140 AD3d 571]
Appellate Division, First Department
June 23, 2016
2016 NY Slip Op 05020
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 3, 2016
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. Concur—Acosta, J.P., Saxe, Gische, Webber and Kahn, JJ.