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FELICIANO v. LOS CHAVALES #2 MINI MKT. CORP.

Index No. 26792/18E. Appeal No. 16396. Case No. 2021-01221.

209 A.D.3d 463 (2022)

176 N.Y.S.3d 614

2022 NY Slip Op 05658

Victor Feliciano, Respondent, v. Los Chavales #2 Mini Market Corp., et al., Defendants, and UAC 3 Developer LLC, Appellant.

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

Decided October 11, 2022.

Attorney(s) appearing for the Case

Milber Makris Plousadis & Seiden, LLP, Woodbury (Lorin A. Donnelly of counsel), for appellant.

The Law Office of Judah Z. Cohen, PLLC, Woodmere (Judah Z. Cohen of counsel), for respondent.

Concur—Gische, J.P., Kern, Gesmer, Rodriguez, Pitt, JJ.

Order, Supreme Court, Bronx County (Edgar G. Walker, J.), entered March 1, 2021, which, to the extent appealed from, granted plaintiff's motion to vacate a prior order entering a default against plaintiff for failing to appear for a status conference and marking the matter off the active trial calendar, unanimously affirmed, without costs.

Although the motion court granted plaintiff's motion without any explanation, dismissal or remand is not required here because...

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