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GUTIERREZ v. PLONSKI

2020-04525. Index No. 4463/13.

219 A.D.3d 807 (2023)

195 N.Y.S.3d 251

2023 NY Slip Op 04366

Julio Gutierrez, Appellant, v. Michael V. Plonski et al., Respondents, et al., Defendant. (And a Third-Party Action.).

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

Decided August 23, 2023.

Attorney(s) appearing for the Case

Harmon, Linder & Rogowsky ( Mitchell Dranow , Sea Cliff, NY, of counsel), for appellant.

Victor J. Natale , Melville, NY ( Scott W. Driver of counsel), for respondent Michael V. Plonski.

Simon Lesser, P.C., New York, NY ( Leonard F. Lesser of counsel), for respondents Ridge Tool Company and Emerson Electric Co.

Brathwaite Nelson, J.P., Genovesi, Warhit and Voutsinas, JJ., concur.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (David T. Reilly, J.), dated May 11, 2020. The order denied the plaintiff's motion pursuant to CPLR 5015(a)(1), in effect, to vacate his default in appearing at a compliance conference on October 18, 2018, and to restore the action to the court's calendar.

Ordered that the order is affirmed, with one bill of costs to the respondents appearing...

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