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6 EAST 39TH ST. HOLDINGS, LLC v. RAUL PEREZ LMT LLC

654906/16. Appeal No. 12137. Case No. 2019-5609.

187 A.D.3d 562 (2020)

130 N.Y.S.3d 680

2020 NY Slip Op 05842

6 East 39th St. Holdings, LLC, Respondent, v. Raul Perez LMT LLC, Doing Business as Lilly, et al., Appellants.

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

Decided October 20, 2020.

We find that defendants demonstrated a reasonable excuse for their default and a potentially meritorious defense to plaintiff's claim for rent and other damages under a commercial lease (see Cornwall Warehousing, Inc. v Lerner, 171 A.D.3d 540 [1st Dept 2019]; CPLR 5015[a][1]). Defendants' counsel explained that he did not appear at a preliminary conference or the adjourned conference because, although he e-filed defendants...

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