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HAMILTON v. BASKETBALL CITY N.Y. LLC

150674/19. Appeal No. 16055. Case No. 2020-04364.

205 A.D.3d 646 (2022)

167 N.Y.S.3d 386

2022 NY Slip Op 03474

George Hamilton, Respondent, v. Basketball City New York LLC et al., Appellants.

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

Decided May 31, 2022.

Attorney(s) appearing for the Case

Hinshaw & Culbertson LLP, New York (Mitchell E. Zipkin of counsel), for appellant.

The Rosenfeld Law Office, Lawrence (Avinoam Rosenfeld of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Singh, Moulton, Kennedy, JJ.

Plaintiff demonstrated that his default was attributable to inadvertent law office failure and was not part of a pattern of delay (see Travelers Ins. Co. v Abelow, 14 A.D.3d 395 [1st Dept 2005]; Harwood v Chaliha, 291 A.D.2d 234 [1st Dept 2002]). At this stage of proceedings, plaintiff's complaint and bill of particulars were sufficient for the motion court to determine that plaintiff had...

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