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Order dismissing action for delay set aside after plaintiff was inadvertently left in Zoom waiting room.
The plaintiff brought a motion to set aside an order dismissing his motor vehicle accident claim for delay.
The plaintiff had been inadvertently left in the Zoom waiting room during the original motion.
The court set aside the dismissal order, finding that the plaintiff's absence was due to a technical mistake.
Reviewing the underlying motion to dismiss for delay, the court found the delay was largely attributable to the plaintiff's former counsel and the COVID-19 pandemic, was not intentional or contumelious, and did not create a substantial risk to a fair trial.
The motion to set aside was granted and a timetable was set for the action to proceed.
