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MARTUCCI v. 500 W25th OWNER LLC

Index No. 160927/20, Appeal No. 1696, Case No. 2023-03593.

2024 NY Slip Op 00866

CHRISTOPHER MARTUCCI, Plaintiff-Respondent, v. 500 W25th OWNER LLC, Defendant-Appellant, AVO CONSTRUCTION LLC, ET AL., Defendants.

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

Decided February 20, 2024.

Attorney(s) appearing for the Case

Barker Patterson Nichols LLP, New York ( Bhalinder L. Rikhye of counsel), for appellant.

The Grandelli Firm, New York ( D. Allen Zachary of counsel), for respondent.

Before: Kern, J.P., Singh, Scarpulla, O'Neill Levy, Michael, JJ.

Order, Supreme Court, New York County (Leslie A. Stroth, J.), entered May 30, 2023, which denied defendant 500 W25th Owner LLC's (Owner) motion to vacate a default judgment, unanimously affirmed, without costs.

The Owner's motion seeking vacatur of the default was untimely. Plaintiff served the order granting a default judgment with notice of entry on October 20, 2021. Owner filed the motion to vacate on November 14, 2022, more than one year after the CPLR 5015(a...

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