Aponte v City of New York
2014 NY Slip Op 02237 [116 AD3d 417]
April 1, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 28, 2014


Almando Aponte, Respondent,
v
City of New York, Defendant, and 1034 A.S.J. Housing Development Fund Corporation, et al., Appellants.

—[*1] 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. Concur—Friedman, J.P., Renwick, Moskowitz, Richter and Feinman, JJ.