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Maldonado v. Algil Holding Co.

December 15, 2009

RICHARD MALDONADO, PLAINTIFF-RESPONDENT,
v.
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.

302957/08

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 [2008]), and also demonstrated merit to his cause (see Palermo v Lord & Taylor, 287 AD2d 258, 260 [2001]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091215

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