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PHILIPPI v. METROPOLITAN TRANSPORTATION AUTHORITY

16 A.D.3d 654 (2005)

791 N.Y.S.2d 444

HAROLD PHILIPPI, Appellant, v. METROPOLITAN TRANSPORTATION AUTHORITY et al., Respondents.

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

March 28, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiff's motion to vacate his default in opposing the defendants' motion for summary judgment (see CPLR 5015 [a] [1]). The plaintiff failed to demonstrate a reasonable excuse for the default. The plaintiff's attorney's unsubstantiated denial of receipt of the defendants' motion was insufficient...

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