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PENA v. PINNACLE ASSOCIATES II NY LLC

162616/14-10477B. 10477A. 10477.

178 A.D.3d 407 (2019)

111 N.Y.S.3d 175

2019 NY Slip Op 08600

Ivan Pena, Appellant, v. Pinnacle Associates II NY LLC, Respondent, et al., Defendants. (And a Third-Party Action.).

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Christopher J. Soverow of counsel), for appellant.

Mischel & Horn, New York ( Christen Giannaros of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Mazzarelli, Kapnick, JJ.

Plaintiff demonstrated both a reasonable excuse for his default and a meritorious claim (see Gibbs v St. Barnabas Hosp., 16 N.Y.3d 74 [2010]). He submitted an affirmation by his counsel and an affidavit by counsel's calendar clerk that established law office failure and an affidavit of merit sufficient to raise an issue of fact as to the merit of his claim (see Nieves v Citizens Advice Bur. Jackson Ave. Family Residence, ...

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