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WILTZ v. CITY OF NEW YORK

Index No. 0260201/19. Appeal No. 13051. Case No. 2020-00061.

191 A.D.3d 452 (2021)

141 N.Y.S.3d 49

2021 NY Slip Op 00646

Randall Wiltz, Appellant, v. City of New York et al., Respondents.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Randall Wiltz, appellant pro se.

James E. Johnson , Corporation Counsel, New York ( Zachary S. Shapiro of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Singh, Kennedy, Mendez, JJ.

While it is undisputed that plaintiff had a reasonable excuse for not appearing at a status conference, he cannot show a meritorious cause of action, as required to vacate his default, because his claims are barred by the doctrines of res judicata and collateral estoppel (see Bikman v 595 Broadway Assoc., 88 A.D.3d 455 [1st Dept 2011], lv denied 21 N.Y.3d 856 [2013]). Plaintiff's federal...

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