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OGUNBEMI v. NEW YORK CITY HOUSING AUTHORITY

65 A.D.3d 944 (2009)

886 N.Y.S.2d 13

ISIENI OGUNBEMI et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided September 24, 2009.

Plaintiffs failed to demonstrate a reasonable excuse for their default (St. Rose v McMorrow, 43 A.D.3d 1146 [2007]). Their proffered excuse of inability to obtain the expert engineer's affidavit in a timely manner because he was out of town for an extended period is unpersuasive because plaintiffs concede they received the affidavit six days before the motion's return date. Plaintiffs' excuse that they were unable to obtain their...

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