NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 15, 2009
RICHARD MALDONADO, PLAINTIFF-RESPONDENT,
ALGIL HOLDING CO., LLC., DEFENDANT-APPELLANT.
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about July 20, 2009, which granted plaintiff's show-cause motion to vacate a default and restore this action to the calendar, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Gonzalez, P.J., Moskowitz, DeGrasse, Manzanet-Daniels, Roman, JJ.
Plaintiff demonstrated a reasonable excuse by showing that his default resulted from law office failure to calendar and timely oppose defendant's discovery motion (see Simpson v Tommy Hilfiger U.S.A., Inc., 48 AD3d 389, 392 ), and also demonstrated merit to his cause (see Palermo v Lord & Taylor, 287 AD2d 258, 260 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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