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J.G. v. FORTRESS CD, LLC

350149/13. Appeal No. 14667-14668. Case No. 2019-03986.

199 A.D.3d 571 (2021)

158 N.Y.S.3d 70

2021 NY Slip Op 06545

J.G., an Infant, by His Mother and Natural Guardian, Quaisha K., et al., Appellants, v. Fortress CD, LLC, et al., Respondents, et al., Defendant. (And a Third-Party Action.) Fortress CD, LLC, et al., Second Third-Party Plaintiffs, v. N & J Home Improvement Corp., Second Third-Party Defendant-Respondent, et al., Second Third-Party Defendants.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Gorayeb & Associates, P.C., New York ( John M. Shaw of counsel), for appellants.

Goldberg Segalla, LLP, White Plains ( William T. O'Connell of counsel), for Fortress CD, LLC and Ian Brown, respondents.

Rutherford Christie, LLP, New York ( Michael C. Becker of counsel), for Harlem United Community AIDS Center, Inc., respondent.

Farber Brocks & Zane L.L.P., Garden City ( Lester Chanin of counsel), for N & J. Home Improvement Corp., respondent.

Concur—Acosta, P.J., Gische, Singh, Scarpulla, Mendez, JJ.

In support of their motion to vacate the September 2019 conditional order of dismissal, which became absolute upon plaintiffs' failure to produce their witnesses for deposition within the time specified, plaintiffs demonstrated a reasonable excusable for their failure to produce the witnesses (see Gibbs v St. Barnabas Hosp., 16 N.Y.3d 74, 80 [2010]; Humble Monkey, LLC v Rice Sec., LLC, 184 A.D.3d 498 [1st Dept 2020]). Plaintiff...

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