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GRANT v. RATTOBALLI

57 A.D.3d 272 (2008)

869 N.Y.S.2d 53

PAUL GRANT, Appellant, v. CHARLES RATTOBALLI, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

December 11, 2008.

In this action for misappropriation of corporate assets, the order dismissing the complaint for failure to appear at a court conference should be vacated where the party shows a reasonable excuse for the default and a meritorious cause of action (see Polir Constr. v Etingin, 297 A.D.2d 509, 511 [2002]). Plaintiff submitted an affidavit of merit sufficiently setting forth his claims alleging...

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