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NEELY v. FELICETTI

10351N. 29170/17.

177 A.D.3d 484 (2019)

111 N.Y.S.3d 611

2019 NY Slip Op 08282

Nakia Neely, Respondent, v. Scott A. Felicetti et al., Appellants.

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

Decided November 14, 2019.

Defendants' motion to vacate the default judgment entered against them was properly denied. Defendants' explanation that their October 20, 2017 email forwarding plaintiff's summons and complaint to their counsel was not received may explain their failure to timely answer (see Matter of Rivera v New York City Dept. of Sanitation, 142 A.D.3d 463, 464 [1st Dept 2016]). However, defendants failed to explain their continued failure to...

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