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Munoz v. KittyKind, Inc.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 1, 2015
2015 N.Y. Slip Op. 51396 (N.Y. App. Term 2015)

Opinion

No. 570717/15.

10-01-2015

Daniel MUNOZ, Plaintiff, v. KITTYKIND, INC. and Catherine Christel, Defendants–Respondents.


Opinion

PER CURIAM.

Order (Nancy M. Bannon, J.), dated August 5, 2013, affirmed, with $10 costs.

A motion to vacate a dismissal for failure to appear at a scheduled conference (22 NYCRR 208.14[b] ) must be supported by a showing of a reasonable excuse for the failure to appear and a meritorious cause of action (see Travis v. Allstate Ins. Co., 12 Misc.3d 135[A], 2006 N.Y. Slip Op 51230 [U] [App Term, 1st Dept 2006] ). Even assuming that plaintiff showed a reasonable excuse for his failure to appear at the scheduled conference, there was no abuse of discretion in the denial of plaintiff's motion to vacate the default in view of his failure to provide any sworn affidavit or other evidentiary proof demonstrating a meritorious cause of action for replevin (see Biton v. Turco, 88 AD3d 519 2011 ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur.


Summaries of

Munoz v. KittyKind, Inc.

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Oct 1, 2015
2015 N.Y. Slip Op. 51396 (N.Y. App. Term 2015)
Case details for

Munoz v. KittyKind, Inc.

Case Details

Full title:Daniel Munoz, Plaintiff v. KittyKind, Inc. and Catherine Christel…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Oct 1, 2015

Citations

2015 N.Y. Slip Op. 51396 (N.Y. App. Term 2015)
26 N.Y.S.3d 214
2015 WL 5737835

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