| Raidy J.G. v City of New York |
| 2016 NY Slip Op 05020 [140 AD3d 571] |
| June 23, 2016 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| 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. |
Zachary W. Carter, Corporation Counsel, New York (Janet L. Zaleon of counsel), for appellants.
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.