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AEGIS SMB FUND II, L.P. v. ROSENFELD

Index No. 452123/18. Appeal No. 12579N. Case No. 2020-01361.

189 A.D.3d 472 (2020)

137 N.Y.S.3d 25

2020 NY Slip Op 07309

Aegis SMB Fund II, L.P., Respondent, v. Shimon Rosenfeld, Appellant.

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

Decided December 8, 2020.

Attorney(s) appearing for the Case

Bronstein, Gewirtz & Grossman, LLC, New York ( Edward N. Gewirtz of counsel), for appellant.

Handel & Carlini, LLP, Poughkeepsie ( Anthony C. Carlini, Jr. of counsel), for respondent.

Concur—Acosta, P.J., Gische, Oing, González, Kennedy, JJ.

In this action to recover on a personal guaranty of a promissory note, defendant failed to appear for a conference after the case was referred to mandatory mediation, and then did not appear at a preliminary conference or the adjourned date for the conference, resulting in entry of a default judgment in favor of plaintiff (see 22 NYCRR 202.27[a]). Defendant moved, pursuant to CPLR 5015(a)(1), to vacate the default judgment, asserting that defendant's failures to appear...

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