N.Y. Comp. Codes R. & Regs. Tit. 22 § 210.14 - Defaults , dismissals and restoration
(a)
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:
(1) if the plaintiff appears but the
defendant does not, the judge may grant judgment by default or order an
inquest;
(2) 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 or strike the action
from the trial calendar; or
(3) if no party appears, the judge may
make such order as appears just.
(b) An action stricken from the trial
calendar and not restored within one year thereafter shall be deemed abandoned
and shall be dismissed by the clerk, without costs, for neglect to
prosecute.
(c)
Actions stricken from the trial calendar may be restored to the calendar only
upon stipulation of all parties so ordered by the court or by motion on notice
to all parties made within one year after the action is stricken. Such motion
must be supported by affidavit by a person having firsthand knowledge,
satisfactorily explaining the reasons for the action having been stricken and
showing that it is presently ready for trial.
Notes
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