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GASPARD v. DITMAS GAS CORP.

2015-03859, Index No. 501165/13.

145 A.D.3d 860 (2016)

2016 NY Slip Op 08505

42 N.Y.S.3d 843

JACQUES GASPARD, Appellant, v. DITMAS GAS CORP. et al., Defendants, and SAMY AUTO CORP. et al., Respondents.

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

Decided December 21, 2016.

Ordered that the order dated January 7, 2015, is affirmed insofar as appealed from, with costs.

By order dated November 21, 2013, the Supreme Court granted the motion of the defendants Samy Auto Corp., Marc Saady, and Rose Saady (hereinafter collectively the defendants) to dismiss the complaint for the plaintiff's failure to comply with discovery demands. In moving to vacate that order, the plaintiff was required to demonstrate a reasonable excuse for his default...

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