HODOSY v. APOTHEKE, LLC

10207, 161964/15.

176 A.D.3d 605 (2019)

109 N.Y.S.3d 641

2019 NY Slip Op 07721

Vija Hodosy, Respondent, v. Apotheke, LLC, et al., Appellants.

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

Decided October 29, 2019.


Attorney(s) appearing for the Case

Norton & Associates, LLC, New York ( Michael E. Norton of counsel), for appellants.

The Dweck Law Firm, LLP, New York ( Christopher S. Fraser of counsel), for respondent.

Concur—Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.


Defendants failed to establish a reasonable excuse for their failure to comply with the conditional order's discovery directives or a meritorious defense. Therefore, the court's denial of their motion to vacate was an appropriate exercise of its discretion (see Gibbs v St. Barnabas Hosp., 16 N.Y.3d 74

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