[*1]
Travis v Allstate Ins. Co.
2006 NY Slip Op 51230(U) [12 Misc 3d 135(A)]
Decided on June 29, 2006
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on June 29, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKEON, P.J., DAVIS, GANGEL-JACOB, JJ
570204/06.

Brian Travis, Plaintiff-Respondent,

against

Allstate Insurance Company, Defendant-Appellant.


Defendant appeals from an order of the Civil Court, New York County (Debra Rose Samuels, J.), entered January 13, 2006, which granted plaintiff's motion to restore the case to the calendar.


Per Curiam:

Order (Debra Rose Samuels, J.), entered January 13, 2006, affirmed, with $10 costs.

We find no abuse of discretion in the grant of plaintiff's timely motion to restore, plaintiff having demonstrated both a reasonable excuse for failing to appear at the pretrial conference and a meritorious cause of action (see Acevedo v Navarro, 22 AD3d 391 [2005]; Bodden v Penn-Attransco, 20 AD3d 334 [2005]).

This constitutes the decision and order of the Court.
Decision Date: June 29, 2006