VELASQUEZ v. CONSOLIDATED EDISON CO. OF N.Y. INC.

Index No. 24542/14E. Appeal No. 13782N. Case No. 2019-375.

194 A.D.3d 458 (2021)

143 N.Y.S.3d 528

2021 NY Slip Op 02886

Carlos Velasquez, Respondent, v. Consolidated Edison Company of New York Inc. et al., Defendants, and Trend 21 Design & Build, Inc., Appellant.

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

Decided May 6, 2021.


Attorney(s) appearing for the Case

Gartner + Bloom, P.C., New York ( Joseph Rapice of counsel), for appellant.

Concur—Renwick, J.P., Kapnick, Singh, Kennedy, JJ.


Exercising our discretion (see Gecaj v Gjonaj Realty & Mgt. Corp., 149 A.D.3d 600, 602 [1st Dept 2017]), we vacate the order that denied Trend 21's motion for summary judgment with prejudice upon its default in appearing for oral argument. We find that Trend 21 demonstrated a reasonable excuse for its failure to appear for oral argument of the motion through its counsel's unrebutted affirmation that he did not receive notice...

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