E. 103 ST. & LEX. AVE. REALTY CORP. v. MOUSTACHE INC.

Index No. 650423/18. Appeal No. 13572N. Case No. 2020-02579.

193 A.D.3d 501 (2021)

141 N.Y.S.3d 849

2021 NY Slip Op 02242

E. 103 St. & Lex. Ave. Realty Corp., Respondent, v. Moustache Inc. Also Known as Moustache Lex LLC, Defendant, and Salam Al-Rawi, Appellant.

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

Decided April 13, 2021.


Attorney(s) appearing for the Case

Salam Al-Rawi, appellant pro se.

Concur—Kapnick, J.P., Kern, Singh, Scarpulla, JJ.


Although defendant Al-Rawi presented a reasonable excuse for the default (see D & W Constr. v Israel, 54 A.D.3d 889 [2d Dept 2008]), he failed to proffer a meritorious defense to the action (see Leader v Parkside Group, 174 A.D.3d 420 [1st Dept 2019], lv dismissed 33 N.Y.3d 1111 [2019]). Al-Rawi acknowledged that Moustache defaulted on the lease agreement and, as its...

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