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SAVAGE v. BARON

Index No. 158558/19. Appeal No. 15199. Case No. 2021-01587.

202 A.D.3d 422 (2022)

158 N.Y.S.3d 563

2022 NY Slip Op 00640

Robert Savage, Appellant, v. Shaun Baron, Respondent.

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

Decided February 1, 2022.

Attorney(s) appearing for the Case

Morton Povman, P.C., Forest Hills (Bruce S. Povman of counsel), for appellant.

Law Offices of Jennifer S. Adams, Yonkers (Ronese R. Brooks of counsel), for respondent.

Concur—Kern, J.P., Friedman, Singh, Scarpulla, Rodriguez, JJ.

Defendant demonstrated a reasonable excuse for his failure to answer the complaint and a potentially meritorious defense to the action (see New Media Holding Co. LLC v Kagalovsky, 97 A.D.3d 463, 465 [1st Dept 2012]). Defendant's excuse, that he was unaware of this action, which was commenced by service on the Secretary of State (see Vehicle and Traffic Law §§ 253, 254), is supported by plaintiff's own papers, which...

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