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AVAGYAN v. 100 W. 74TH ST., LLC

Index No. 155152/18. Appeal No. 16974. Case No. 2022-02062.

211 A.D.3d 597 (2022)

178 N.Y.S.3d 706

2022 NY Slip Op 07291

Norayr Avagyan, Appellant, v. 100 West 74th Street, LLC, et al., Respondents.

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

Decided December 22, 2022.

Attorney(s) appearing for the Case

William Schwitzer & Associates, P.C., New York ( D. Allen Zachary of counsel), for appellant.

Concur—Webber, J.P., Friedman, Gesmer, Shulman, Rodriguez, JJ.

Order, Supreme Court, New York County (Arlene Bluth, J.), entered on or about May 3, 2022, which denied plaintiff's motion to vacate a sua sponte order dismissing the complaint, unanimously reversed, on the law, without costs, the motion to vacate granted, and the complaint reinstated.

It was an improvident exercise of the court's discretion to deny plaintiff's motion to vacate the court's sua sponte dismissal of this action. The motion appended an agreement between...

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