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URBAN D.C. INC. v. 29 GREEN ST. LLC

Index No. 153008/20. Appeal No. 16015. Case No. 2021-04445.

205 A.D.3d 634 (2022)

166 N.Y.S.3d 866

2022 NY Slip Op 03464

Urban D.C. Inc., Appellant, v. 29 Green Street LLC et al., Defendants, and McGowan Builders, Inc., et al., Respondents.

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

Decided May 26, 2022.

Attorney(s) appearing for the Case

Law Offices of Matthew T. Worner, White Plains ( Matthew T. Worner of counsel), for appellant.

Grae & Grae, LLC, New York ( Previn A. Waran of counsel), for respondents.

Concur—Kern, J.P., Oing, Singh, Moulton, Scarpulla, JJ.

The court providently exercised its discretion by declining to vacate its prior order, entered on plaintiff's default (CPLR 5015[a][1]; see Rivera v Shypri Realty Corp., 198 A.D.3d 448, 448-449 [1st Dept 2021]). Plaintiff's conclusory references to "law office failure" and unspecified "personal health issues" of its counsel, without detail or evidentiary support, do not rise to the level of a reasonable excuse for the default (see Liparulo v New York City Health...

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