22 NYCRR 202.27 Defaults
At any
scheduled call of a calendar or at any conference, if all parties do
not appear and proceed or announce their readiness to proceed
immediately or subject to the engagement of counsel, the judge may note
the default on the record and enter an order as follows:
(b) If the defendant appears but the plaintiff does
not, the judge may dismiss the action and may order a severance of
counterclaims or cross-claims.
Brown v Vanchieri, 2009 NY Slip Op 05942 (App. Div., 2nd, 2009)
Where, as here, an action on the trial calendar is dismissed pursuant
to 22 NYCRR 202.27(b), the dismissal of the action may be vacated, and
the action restored to the trial calendar, only if the plaintiff can
demonstrate both a reasonable excuse for the default and a meritorious
cause of action (see CPLR 5015[a][1]; Santiago v Santana, 54 AD3d 929, 930; Cazeau v Paul, 2 AD3d 477).
Under all of the circumstances, including the plaintiff's failure to
provide a reasonable excuse for his lengthy delay in moving for that
relief, the Supreme Court providently exercised its discretion in
denying the plaintiff's motion (see Seven Acre Wood St. Assoc. v Wood, 286 AD2d 432; Piacentini v Mineola Union Free School Dist., 267 AD2d 290, 291; cf. Matter of Putnam County Natl. Bank v JP Morgan Chase Bank, N.A., 57 AD3d 677, 678; Malik v Noe, 54 AD3d 733, 734).
The bold is mine.
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