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SEITZER v. McFADDEN

Index No. 155214/20. Appeal No. 661. Case No. 2022-04753.

219 A.D.3d 1262 (2023)

197 N.Y.S.3d 16

2023 NY Slip Op 04833

Angela Seitzer, Respondent, v. Christopher M. McFadden, Appellant.

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

Decided September 28, 2023.

Attorney(s) appearing for the Case

Levine & Blit, PLLC, New York ( Matthew J. Blit of counsel), for appellant.

Storch Byrne LLP, New York ( Steven G. Storch of counsel), for respondent.

Concur—Webber, J.P., Friedman, González, Rodriguez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about September 23, 2022, which denied defendant's motion to vacate a default judgment pursuant to CPLR 5015(a)(1), unanimously affirmed, without costs.

Defendant failed to demonstrate a reasonable excuse for his default, as he did not provide competent admissible medical evidence showing that his mental health issues prevented him from appearing and protecting his rights during the pendency...

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