MATTER OF LE MONDA v. CITY OF NEW YORK

5931 108161/10.

159 A.D.3d 470 (2018)

70 N.Y.S.3d 38

2018 NY Slip Op 01546

In the Matter of MARY ANN NICOLE LE MONDA, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided March 8, 2018.


The motion, belatedly made more than three years after the pre-note of issue action had been dismissed after both petitioner and her counsel failed to appear at a status conference, was properly denied.

Petitioner's bare and unsubstantiated assertion of law office failure by her prior counsel is insufficient to establish a reasonable excuse for the default (see Youni Gems Corp. v Bassco Creations Inc., 70 A.D.3d 454, 455...

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