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TENAMAZA v. KNICKER-BOCKER CONSTR. II, LLC

7959, 114809/08.

96 A.D.3d 562 (2012)

946 N.Y.S.2d 471

2012 NY Slip Op 4928

SEGUNDO JESUS TENAMAZA, Respondent, v. KNICKER-BOCKER CONSTRUCTION II, LLC, et al., Defendants/Third-Party Plaintiffs-Appellants. MC&O CONTRACTING, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

June 19, 2012.

Although "there is a strong public policy favoring resolution of cases on the merits" (Ferguson v Hess Corp., 89 A.D.3d 599, 599 [2011]), the excuse plaintiff offered for his failure to attend multiple depositions and to keep in contact with his counsel was unreasonable. The affidavit plaintiff submitted in support of his motion fails to mention, let alone explain, how he was unaware of...

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