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AHMED v. ESSEX TERRACE, INC.

2020-06464, Index No. 517368/17.

206 A.D.3d 866 (2022)

171 N.Y.S.3d 121

2022 NY Slip Op 03998

Saleh Ahmed, Appellant, v. Essex Terrace, Inc., Respondent, et al., Defendant. (And a Third-Party Action.)

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

Decided June 22, 2022.

Attorney(s) appearing for the Case

Bornstein & Emanuel, P.C. (Paul D. Creinis, LLC, Brooklyn, NY, of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY (Danielle Tauber of counsel), for respondent.

Brathwaite Nelson, J.P., Miller, Zayas and Ford, JJ., concur.

Ordered that the order dated August 5, 2020, is reversed, on the law and in the exercise of discretion, with costs, and the motion of the defendant Essex Terrace, Inc., pursuant to CPLR 5015(a)(1) to vacate the order dated May 10, 2018, and pursuant to CPLR 3012(d) for leave to serve a late answer is denied.

The plaintiff allegedly sustained injuries when he fell from a scaffold while working at a construction project in Brooklyn. The plaintiff commenced this personal...

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