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PEMBERTON v. MONTOYA

2022-04601 Index No. 721057/21.

216 A.D.3d 988 (2023)

189 N.Y.S.3d 645

2023 NY Slip Op 02674

Eric Pemberton, Appellant, v. John F. Rodriguez Montoya, Respondent, et al., Defendants.

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

Decided May 17, 2023.

Attorney(s) appearing for the Case

Sutton & Smyth, LLP, New York, NY ( Daniel E. Smyth and Leigh H. Sutton of counsel), for appellant.

Baker, McEvoy & Moskovits, P.C. ( Marjorie E. Bornes , Brooklyn, NY, of counsel), for respondent.

Brathwaite Nelson, J.P., Zayas, Ford and Voutsinas, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Robert I. Caloras, J.), dated May 23, 2022. The order denied the plaintiff's motion pursuant to CPLR 3215 for leave to enter a default judgment against the defendant John F. Rodriguez Montoya, and, in effect, granted that defendant's application to deem his verified answer to have been timely interposed.

Ordered that on the Court's own motion...

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