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MATTER OF PROGRESSIVE SPECIALTY INS. CO. v. TAPIA

10526. 20000/17E.

178 A.D.3d 485 (2019)

115 N.Y.S.3d 242

2019 NY Slip Op 08802

In the Matter of Progressive Specialty Insurance Company, Respondent, v. Pabel N. Tapia, Appellant.

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

Decided December 10, 2019.

Attorney(s) appearing for the Case

Yadgarov & Associates, PLLC, New York ( Ronald S. Ramo of counsel), for appellants.

Picciano & Scahill, P.C., Bethpage ( Albert J. Galatan of counsel), for respondent.

Concur—Friedman, J.P., Kapnick, Kern, Oing, JJ.

In support of his motion to vacate, respondent failed to establish a reasonable excuse for his failure to appear for hearings and a meritorious defense (see Mutual Mar. Off., Inc. v Joy Constr. Corp., 39 A.D.3d 417, 419 [1st Dept 2007]). Respondent does not address the fact that he failed to appear on two hearing dates—November 15, 2017 and January 10, 2018. The record is devoid...

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