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RODRIGUEZ v. RODRIGUEZ

1449N.

67 A.D.3d 499 (2009)

887 N.Y.S.2d 845

2009 NY Slip Op 08150

RAFAEL RODRIGUEZ, Respondent, v. JIMMY RODRIGUEZ, Appellant.

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

Decided November 12, 2009.

Defendant's attorney's representation that a former employee had been misdirecting or misplacing mail provides a reasonable excuse for his failure to present such evidence of law office failure on defendant's original motion to vacate the default judgment as well as his failure to appear in court on various dates (see Solowij v Otis El. Co., 260 A.D.2d 226 [1999]). Defendant's affidavit shows a meritorious...

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