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BARDWIL v. BARDWIL

Index No. 153951/13. Appeal No. 16269-16269A. Case No. 2021-04326.

208 A.D.3d 1087 (2022)

175 N.Y.S.3d 497

2022 NY Slip Op 05264

Emiko Bardwil, Respondent, v. George Bardwil, Appellant.

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

Decided September 27, 2022.

Attorney(s) appearing for the Case

Holihan & Associates, P.C., Richmond Hill (Jason Berke of counsel), for appellant.

Raoul Felder, New York, for respondent.

Concur—Webber, J.P., Kern, Singh, Moulton, JJ.

In support of his motion to vacate the default order and default judgment against him, defendant failed to proffer a reasonable excuse for his failure to comply with court orders by not appearing for judicial mediation, the trial, and inquest (see CPLR 5015[a][1]; John v Arin Bainbridge Realty Corp., 147 A.D.3d 454, 455 [1st Dept 2017]). The record contradicts defendant's claim, made for the first time on appeal, that he was...

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