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Davila v West Farms Neighborhood Hous. Dev. Fund Co., Inc.
2008 NY Slip Op 52338(U) [21 Misc 3d 139(A)]
Decided on November 21, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 21, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Davis, Schoenfeld, JJ
570222/08.

Bernadette Davila, Plaintiffs-Appellant, - -

against

West Farms Neighborhood Housing Development Fund Co., Inc., et al. Defendants-Respondents.


Plaintiff appeals from an order of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered February 22, 2007, which denied her motion to renew a prior order dismissing the complaint pursuant to CPLR 3126.


Per Curiam.

Order (Fernando Tapia, J.), entered February 22, 2007, affirmed, with $10 costs.

Civil Court properly denied plaintiff's motion to renew the prior order dismissing the complaint pursuant to CPLR 3126 based upon plaintiff's longstanding discovery defaults. Plaintiff's counsel failed to adequately explain the long hiatus during which his client's whereabout were unknown or why his client, now known to live in Nevada, remains unavailable to pursue the action (see Wong v Ki Il Kim, 17 AD3d 128 [2005]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: November 21, 2008