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RUDD MECH. ASSOC., INC. v. ZDG, LLC

Index No. 656127/18. Appeal No. 13282N-13282NA. Case No. 2020-01467.

192 A.D.3d 440 (2021)

139 N.Y.S.3d 802

2021 NY Slip Op 01343

Rudd Mechanical Associates, Inc., Appellant, v. ZDG, LLC, et al., Defendants, and Press Builders, Inc., et al., Respondents.

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

Decided March 4, 2021.

Attorney(s) appearing for the Case

Law Offices of Yitzchak E. Cohen, New York ( Yitzchak E. Cohen of counsel), for appellant.

Hollander Law Group PLLC, Great Neck ( Michael R. Strauss of counsel), for respondents.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.

Defendants failed to demonstrate a reasonable excuse for their default in answering the complaint (CPLR 5015[a]; see generally Leader v Parkside Group, 174 A.D.3d 420, 421 [1st Dept 2019], lv dismissed 33 N.Y.3d 1111 [2019]).

It is undisputed that defendants Metro and 310 Group were personally served with the summons and complaint. They failed to provide a reasonable excuse for their defaults in answering and in opposing plaintiff's motion for a default...

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