RETAMOZZO v. FRIEDLAND

14813, 113920/09

127 A.D.3d 532 (2015)

5 N.Y.S.3d 728

2015 NY Slip Op 03237

ARMAND RETAMOZZO, Appellant, v. DIANA FRIEDLAND et al., Respondents.

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

Decided April 16, 2015.


Order, Supreme Court, New York County (George J. Silver, J.), entered June 3, 2013, which denied plaintiff's motion to vacate an order and ensuing judgment dismissing plaintiff's verified amended complaint as a sanction for willfully refusing to comply with discovery orders, unanimously affirmed, without costs.

There is no basis for vacating the order and ensuing judgment. Even if CPLR 5015 (a) (1) is applicable, plaintiff failed to provide a reasonable excuse for...

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