Maldonado v Algil Holding Co., LLC.

Maldonado v Algil Holding Co., LLC 2009 NY Slip Op 09286 [68 AD3d 531] December 15, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Richard Maldonado, Respondent,
v
Algil Holding Co., LLC, Appellant.

—[*1] Smith, Mazure, Director, Wilkins, Young & Yagerman, P.C., New York (Stacy I. Malinow of counsel), for appellant.

Getz & Braverman, P.C., Bronx (James P. Benintendi of counsel), for respondent.

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about July 20, 2009, which granted plaintiff's show-cause motion to vacate a default and restore this action to the calendar, unanimously affirmed, without costs.

Plaintiff demonstrated a reasonable excuse by showing that his default resulted from law office failure to calendar and timely oppose defendant's discovery motion (see Simpson v Tommy Hilfiger U.S.A., Inc., 48 AD3d 389, 392 [2008]), and also demonstrated merit to his cause (see Palermo v Lord & Taylor, 287 AD2d 258, 260 [2001]). Concur—Gonzalez, P.J., Moskowitz, DeGrasse, Manzanet-Daniels and Roman, JJ.