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PORT AUTH. OF N.Y. & N.J. v. GUARDIAN SERV. INDUS., INC.

7273N. 101710/16. 590192/13. 590331/10.

165 A.D.3d 467 (2018)

85 N.Y.S.3d 51

2018 NY Slip Op 06705

Port Authority of New York and New Jersey, Respondent, v. Guardian Service Industries, Inc., Appellant/Third-Party/Second Third-Party Plaintiff-Appellant. Moretrench American, Third-Party Defendant-Appellant. Nicholson/E.E. Cruz, LLC, Second Third-Party Defendant-Respondent. Moretrench American, Corporation, Third Third-Party Plaintiff-Appellant, v. Phoenix Constructors et al., Third Third-Party Defendants-Respondents.

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

Decided October 9, 2018.

The motion court providently exercised its discretion in determining that plaintiff and Nicholson demonstrated a reasonable excuse for their default and, respectively, a meritorious cause of action and a meritorious defense (see Benson Park Assoc., LLC v Herman, 73 A.D.3d 464 [1st Dept 2010]). The court concluded that the attorney representing plaintiff and Nicholson suffered from various problems including health issues and that...

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