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LOPEZ-REYES v. HERIVEAUX

101452/13, 2181, 5183, 2180.

144 A.D.3d 486 (2016)

2016 NY Slip Op 07583

41 N.Y.S.3d 223

MARIA YOLANDA LOPEZ-REYES, Respondent, v. EMILE HERIVEAUX et al., Defendants, and HCAACC-HISPANIC et al., Appellants.

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

Decided November 15, 2016.

Defendants failed to demonstrate a reasonable excuse for their nonappearance (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]). The excuse proffered, that their principal, defendant Emile Heriveaux, acting pro se, had mistakenly believed that he could appear on their behalf, was not supported by an affidavit by a person with personal knowledge and did not address why no appearance was made on their behalf...

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