Ortiz v Silver Dollar Tr. Inc.
2004 NY Slip Op 06835 [10 AD3d 585]
September 30, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 10, 2004


Rubin Ortiz, Sr., et al., Appellants,
v
Silver Dollar Transit Inc. et al., Respondents.

[*1]Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered June 27, 2003, which denied plaintiffs' motion to vacate an underlying dismissal of their action for counsel's failure to appear at a preliminary conference, unanimously affirmed, without costs.

We find no improvident exercise of discretion by the court's denial of relief from the default granted under 22 NYCRR 202.27. Plaintiffs simply failed to establish the existence of a meritorious cause of action. Concur—Nardelli, J.P., Andrias, Ellerin, Gonzalez and Catterson, JJ.