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B & H FLA. NOTES LLC v. ASHKENAZI

9170, 850263/13.

172 A.D.3d 433 (2019)

100 N.Y.S.3d 220

2019 NY Slip Op 03465

B and H Florida Notes LLC, Respondent, v. Alexander Ashkenazi et al., Defendants, and Amit Louzon, Appellant.

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

Decided May 2, 2019.

Plaintiff's allegations of law office failure, i.e., that plaintiff's counsel failed to appear for the rescheduled conference in that he inadvertently scheduled the wrong date, constituted a reasonable excuse for the default (see Dokmecian v ABN AMRO N. Am., 304 A.D.2d 445 [1st Dept 2003]). Plaintiff also demonstrated that he had a meritorious defense (see CPLR 5015 [a] [1]; Matter of Jones, 128 A.D...

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