HIGGS v. WILLIAMS

10576N. 20880/13E.

178 A.D.3d 530 (2019)

115 N.Y.S.3d 27

2019 NY Slip Op 08956

Anthony Higgs, Appellant, v. Desmond Williams et al., Defendants, and 44th Enterprises Corp. et al., Respondents.

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

Decided December 12, 2019.


Attorney(s) appearing for the Case

Zimmerman Law, P.C., Huntington Station ( Gary R. Novins of counsel), for appellant.

Callahan & Fusco, LLC, New York ( Ryan D. Lang of counsel), for respondents.

Concur—Richter, J.P., Manzanet-Daniels, Webber, Gesmer, JJ.


Plaintiff failed to demonstrate a reasonable excuse for his default (CPLR 5015[a][1]; see Bobet v Rockefeller Ctr., N., Inc., 78 A.D.3d 475 [1st Dept 2010]). His explanation that he changed his cell phone number several times and that his attorney's paralegal did not locate another contact—in other words, plaintiff's "failure to maintain contact with his attorney and to keep himself apprised of the progress of his lawsuit...

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