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M.S. HI-TECH, INC. v. THOMPSON

23 A.D.3d 442 (2005)

808 N.Y.S.2d 122

M.S. HI-TECH, INC., Respondent, v. DONALD J. THOMPSON, JR., Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 14, 2005.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The defendant's affidavit presented a reasonable excuse for his failure to appear at the compliance conference purportedly scheduled for June 17, 2003, based on his lack of notice of the compliance conference. The record does not contain any evidence that the defendant received notice of the conference. Additionally, the record contains verified pleadings by the defendant which suggest...

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