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RECTOR v. BDG GOTHAM RESIDENTIAL, LLC

Index No. 158261/19. Appeal No. 16442. Case No. 2021-01954.

209 A.D.3d 509 (2022)

176 N.Y.S.3d 619

2022 NY Slip Op 05774

Robin Rector, Appellant, v. BDG Gotham Residential, LLC, et al., Defendants, and BDG Gotham Affordable, LLC, Respondent. (And a Third-Party Action.)

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

Decided October 13, 2022.

Attorney(s) appearing for the Case

G. Wesley Simpson PC, Brooklyn (G. Wesley Simpson of counsel), for appellant.

Armienti, DeBellis & Rhoden, LLP, New York (Vanessa M. Corchia of counsel), for respondent.

Concur—Renwick, J.P., Friedman, Singh, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (James Edward D'Auguste, J.), entered on or about January 26, 2021, which denied plaintiff's motion for a default judgment against defendant BDG Gotham Affordable, LLC (BDG), unanimously affirmed, without costs.

The court providently denied plaintiff's motion for a default judgment. Even if plaintiff had established prima facie entitlement to a default judgment pursuant to CPLR 3215(f) through competent proof of the facts constituting...

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