Opinion
2014-04-1
Almando APONTE, Plaintiff–Respondent, v. The CITY OF NEW YORK, Defendant, 1034 A.S.J. Housing Development Fund Corporation, et al., Defendants–Appellants.
Paul Bleifer & Associates, New York (Paul E. Bleifer of counsel), for appellants.
Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered December 19, 2012, which granted plaintiff's 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. FRIEDMAN, J.P., RENWICK, MOSKOWITZ, RICHTER, FEINMAN, JJ., concur.