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1032-1034 LEXINGTON AVE., LTD. v. ROGERS

111895/10. Appeal No. 13801. Case No. 2019-04938.

194 A.D.3d 461 (2021)

143 N.Y.S.3d 541

2021 NY Slip Op 02973

1032-1034 Lexington Avenue, Ltd., Respondent, v. Jackie Rogers, Appellant.

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

Decided May 11, 2021.

Attorney(s) appearing for the Case

Law Office of Robert G. Leino, New York ( Robert G. Leino of counsel), for appellant.

Avrom R. Vann, P.C., New York ( Avrom R. Vann of counsel), for respondent.

Concur—Kern, J.P., González, Scarpulla, Mendez, JJ.

The motion court did not abuse its discretion in refusing to vacate defendant's repeated defaults in appearing for trial (see Guerre v Trustees of Columbia Univ. in City of N.Y., 300 A.D.2d 29 [1st Dept 2002]). Following the adjournments of the pretrial conferences at which defendant failed to appear, the matter was set down for trial on March 21, 2018. Defendant failed to appear for trial due to a snowstorm on that date, and the...

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