Aponte v. City of New York

Appellate Division of the Supreme Court of New York

Aponte v. City of New York

116 A.D.3d 417, 982 N.Y.S.2d 760

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 1, 2014

StatusPublished

This text of 116 A.D.3d 417 (Aponte v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Aponte v. City of New York, 116 A.D.3d 417, 982 N.Y.S.2d 760 (N.Y. Ct. App. 2014).

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Opinion

— Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered December 19, 2012, which granted plaintiffs motion to vacate an order striking his complaint upon default, and order, same court and Justice, entered July 3, 2013, which, to the extent appealed from, upon reargument, adhered to the original determination, unanimously reversed, on the law, without costs, and the motion denied.

Although plaintiff presented a reasonable excuse for failing to appear on the return date of the motion, the record, including plaintiff’s deposition, shows there is no meritorious claim. Concur — Friedman, J.E, Renwick, Moskowitz, Richter and Feinman, JJ.

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— Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered December 19, 2012, which granted plaintiffs motion to vacate an order striking his complaint upon default, and order, same court and Justice, entered July 3, 2013, which, to the extent appealed from, upon reargument, adhered to the original determination, unanimously reversed, on the law, without costs, and the motion denied.

Although plaintiff presented a reasonable excuse for failing to appear on the return date of the motion, the record, including plaintiff’s deposition, shows there is no meritorious claim. Concur — Friedman, J.E, Renwick, Moskowitz, Richter and Feinman, JJ.

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Bluebook (online)

116 A.D.3d 417, 982 N.Y.S.2d 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aponte-v-city-of-new-york-nyappdiv-2014.