1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 178 A.D.3d
  5. 178 A.D.3d 407 (2019)
 

PENA v. PINNACLE ASSOCIATES II NY LLC

162616/14-10477B. 10477A. 10477.

178 A.D.3d 407 (2019)

111 N.Y.S.3d 175

2019 NY Slip Op 08600

Ivan Pena, Appellant, v. Pinnacle Associates II NY LLC, Respondent, et al., Defendants. (And a Third-Party Action.).

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & DeCicco, LLP, New York (Christopher J. Soverow of counsel), for appellant.

Mischel & Horn, New York (Christen Giannaros of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Mazzarelli, Kapnick, JJ.

Plaintiff demonstrated both a reasonable excuse for his default and a meritorious claim (see Gibbs v St. Barnabas Hosp., 16 N.Y.3d 74 [2010]). He submitted an affirmation by his counsel and an affidavit by counsel's calendar clerk that established law office failure and an affidavit of merit sufficient to raise an issue of fact as to the merit of his claim (see Nieves v Citizens Advice Bur. Jackson Ave. Family Residence, ...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases