| Roman Ninburg v D.M.N. Auto Collision, Inc. |
| Motion No: 2019-01767 KC |
| Slip Opinion No: 2020 NY Slip Op 76893(U) |
| Decided on December 28, 2020 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
DAVID ELLIOT
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| Roman Ninburg, Appellant, v D.M.N. Auto Collision, Inc., Respondent. |
Appeal from a judgment of the Civil Court of the City of New York, Kings County, entered January 14, 2019. In a Decision & Order dated November 10, 2020, appellant's motion to vacate the dismissal for failure to prosecute was denied with leave to renew upon the filing of an affidavit by appellant setting forth a potentially meritorious appeal on or before December 18, 2020.
Upon the papers filed in response to the court's Decision & Order dated November 10, 2020, and no papers having been filed in opposition thereto, it is
ORDERED on the court's own motion that the motion to vacate is denied.
ENTER:
Paul Kenny
Chief Clerk