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ARPAIA v. HERBST

154732/15, 5171N, 154624/12, 5170.

157 A.D.3d 573 (2018)

69 N.Y.S.3d 309

2018 NY Slip Op 00348

UMBERTO ARPAIA, Respondent, v. MICHAEL HERBST, Appellant. UMBERTO ARPAIA, Appellant, v. JONAH ENGLER SILBERMAN, Respondent.

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

Decided January 18, 2018.

In order to be entitled to vacatur of a preclusion order, plaintiff is "required to show a reasonable excuse for his failure to comply with the order and a meritorious claim" (Nieves v Citizens Advice Bur. Jackson Ave. Family Residence, 140 A.D.3d 566, 567 [1st Dept 2016], citing Gibbs v St. Barnabas Hosp., 16 N.Y.3d 74, 80 [2010]). Here, plaintiff's two-week delay in complying with the...

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