Community Network Serv., Inc. v Verizon N.Y., Inc., 2009 NY Slip Op 04978 (App. Div., 1st, 2009)
We reject plaintiff's argument that the trial court's assertedly erroneous oral, in limine ruling limiting plaintiff's proof of damages gave it a reasonable excuse for refusing to proceed to trial (see 48 AD3d 249 [2008]). A litigation strategy cannot be a reasonable excuse for a default (cf. Manhattan Vermeer Co. v Guterman, 179 AD2d 561 [1992]). Plaintiff's remedy was not to defy the court's order to proceed, but to make an offer of proof, concede that it has no case, and then appeal the in limine ruling as part of an appeal from the final judgment.
The bold is mine.
