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WATTS v. GARCIA

Index No. 807064/22E Appeal No. 1294 Case No. 2023-02751.

222 A.D.3d 568 (2023)

201 N.Y.S.3d 394

2023 NY Slip Op 06604

Christopher Watts, Appellant, v. Eufemia Gonzalez Garcia, Respondent, et al., Defendants.

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

Decided December 21, 2023.

Attorney(s) appearing for the Case

Christopher S. Cardillo, P.C., New York ( Christopher S. Cardillo of counsel), for appellant.

Marjorie E. Bornes , Brooklyn, for respondent.

Concur—Manzanet-Daniels, J.P., González, Scarpulla, Mendez, Higgitt, JJ.

Order, Supreme Court, Bronx County (Ben R. Barbato, J.), entered on or about March 21, 2023, which denied plaintiff's motion for a default judgment against defendant Eufemia Gonzalez Garcia, unanimously affirmed, without costs.

The court providently exercised its discretion in deeming defendant Garcia's answer timely filed and denying plaintiff's motion for a default judgment against her as moot (see Morales v American United Transp., Inc., 214 A.D.3d 415 ...

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