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BLAKE v. CADET

9883, 303251/15.

175 A.D.3d 1199 (2019)

109 N.Y.S.3d 266

2019 NY Slip Op 06720

Lamar Blake, Appellant, v. Pierre Cadet et al., Respondents, et al., Defendants.

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

September 24, 2019.

Attorney(s) appearing for the Case

Mirman, Markovitz & Landau, P.C., New York ( David Weissman of counsel), for appellant.

Robert D. Grace , Brooklyn, for respondents.

Concur—Sweeny, J.P., Richter, Kapnick, Kern, Singh, JJ.

The court providently exercised its discretion in treating the motion to vacate as one for renewal and granting it, since defendants demonstrated that their failure to include their codefendants' answer in support of the initial motion was inadvertent and excusable (see CPLR 2221 [e] [2], [3]; Hernandez v Marcano, 161 A.D.3d 676, 677 [1st Dept 2018]).

Defendants established...

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