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MAISONETTE v. NEW YORK CITY HOUSING AUTHORITY

70 A.D.3d 415 (2010)

892 N.Y.S.2d 763

ALEXIS MAISONETTE et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Respondent, et al., Defendant.

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

Decided February 2, 2010.

Apart from the preclusive effect of the never-vacated prior order denying a prior motion to restore by plaintiff when neither side appeared to argue the motion (CPLR 5015), plaintiff fails to explain his utter lack of diligence in prosecuting the action or show a meritorious cause of action beyond the conclusory allegations in his notice of claim (CPLR 3404; see Muriel v St. Barnabas Hosp., 3 A.D.3d 419

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