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NAVARRO v. JOY CONSTR. CORP.

Index No. 155606/18. Appeal Nos. 16352-16352A. Case Nos. 2021-03151, 2021-04059.

209 A.D.3d 440 (2022)

174 N.Y.S.3d 829

2022 NY Slip Op 05602

Emilio Mora Navarro, Appellant, v. Joy Construction Corporation et al., Respondents.

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

Decided October 6, 2022.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York ( Brian J. Isaac of counsel), for appellant.

Hannum Feretic Prendergast & Merlino, LLC, New York ( Jon Pisiewski of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, Kennedy, Pitt, JJ.

Order of the Supreme Court, New York (Arlene P. Bluth, J.), entered on or about July 30, 2021, which denied plaintiff's motion to vacate the order dismissing the action and restore the matter to the active calendar, unanimously reversed, on the law and the facts, without costs, the motion granted, and the complaint reinstated. Appeal from order, same court and Justice, entered October 8, 2021, which denied plaintiff's motion to...

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