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

Procedural entryThis page is a short order in Aponte v. City of New York. Read the opinion of the Court — 143 A.D.3d 552 →

Appellate Division of the Supreme Court of the State of New York·Decided April 1, 2014·Published

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.

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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116 A.D.3d 417 (Aponte v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.