After the Plaintiff filed a conversion lawsuit against a parking garage, he missed the trial date because he was out of the country visiting his sick father. And, because of his nonappearance, the Kings County Civil Court dismissed the case on April 4, 2023. The plaintiff later filed a motion to vacate this dismissal, explaining his absence and claiming that the defendant had sold his vehicle without reason.
While the Civil Court denied the plaintiff's motion, on appeal, the Appellate Term, Second Department, found that the plaintiff had a reasonable excuse for missing the trial and asserted a potentially valid claim for conversion. The court noted that the plaintiff acted quickly to address his default and that there was no evidence of prejudice to the defendant or willful neglect by the plaintiff.
As a result, the AT2 reversed and granted the plaintiff's motion to vacate the dismissal, on the condition that he pay $250 to the defendant within 30 days. If he failed to remit that payment, the original dismissal would stand.
He sure converted that into a win ….
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DECISION