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MALDONADO v. ALGIL HOLDING CO., LLC.

1788N, 302957/08

68 A.D.3d 531 (2009)

2009 NY Slip Op 9286

889 N.Y.S.2d 454

RICHARD MALDONADO, Respondent, v. ALGIL HOLDING CO., LLC, Appellant.

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

Decided December 15, 2009.

Plaintiff demonstrated a reasonable excuse by showing that his default resulted from law office failure to calendar and timely oppose defendant's discovery motion (see Simpson v Tommy Hilfiger U.S.A., Inc., 48 A.D.3d 389, 392 [2008]), and also demonstrated merit to his cause (see Palermo v Lord & Taylor, 287 A.D.2d 258

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