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DEUTSCHE BANK NATL. TRUST CO. v. GOULD

Index No. 380865/11. Appeal No. 12682N. Case No. 2019-2759.

189 A.D.3d 576 (2020)

134 N.Y.S.3d 179

2020 NY Slip Op 07667

Deutsche Bank National Trust Company, Appellant, v. Bonnie Gould et al., Defendants, and Susanne Dawn Alexander, Respondent.

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

RAS Boriskin, LLC, Westbury ( Joseph F. Battista of counsel), for appellant.

Bronx Legal Services, Bronx ( Alexis Lorenzo of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Gesmer, Kern, Oing, Moulton, JJ.

Plaintiff showed both a reasonable excuse for the alleged default and a potentially meritorious claim (CPLR 5015; Kellert v Mail Boxes, Etc. USA, 248 A.D.2d 127 [1st Dept 1998]). Here, the alleged default was plaintiff's failure to appear for a scheduled conference (see 22 NYCRR 202.27). However, plaintiff's counsel did appear, but mistakenly made the appearance as regarding only a prior, pending action relating to the same...

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