Gal–ed v. 153rd St. Associates Llc

Decision Date04 May 2010
Citation2010 N.Y. Slip Op. 03790,73 A.D.3d 438,901 N.Y.S.2d 592
PartiesMatty GAL–ED, et al., Plaintiffs–Appellants,v.153RD STREET ASSOCIATES, LLC, et al., Defendants–Respondents,Marino Gerazounis & Jaffe Associates, Inc., et al., Defendants.
CourtNew York Supreme Court — Appellate Division

73 A.D.3d 438
901 N.Y.S.2d 592
2010 N.Y. Slip Op. 03790

Matty GAL–ED, et al., Plaintiffs–Appellants,
v.
153RD STREET ASSOCIATES, LLC, et al., Defendants–Respondents,Marino Gerazounis & Jaffe Associates, Inc., et al., Defendants.

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

May 4, 2010.


[901 N.Y.S.2d 592]

Poltorak PC, Brooklyn (Elie C. Poltorak of counsel), for appellants.Mauro Goldberg & Lilling LLP, Great Neck (Matthew W. Naparty of counsel), for 153rd Street Associates, LLC, The Dermot Company, Inc., Kajima Construction Services, Inc. and VJB Construction Corp., respondents.Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Richard E. Lerner of counsel), for H. Thomas O'Hara Architect, PLLC, respondent.Zetlin & DeChiara LLP, New York (Jeffrey T. Yick of counsel), for DeSimone Consulting Engineers, PLLC, respondent.ANDRIAS, J.P., FRIEDMAN, CATTERSON, McGUIRE, ROMÁN, JJ.

[73 A.D.3d 438] Appeal from order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered May 20, 2008, which granted the motion by defendant O'Hara Architect and the cross motion by defendant DeSimone Consulting Engineers to dismiss the complaint for failure to comply with discovery demands, deemed to be an appeal from the subsequent judgment, entered May 29, 2008, dismissing the complaint as to defendants 153 Associates, O'Hara, Kajima Construction, VJB Construction and DeSimone, and as so considered, unanimously affirmed, with costs. Order, same court and Justice, entered October 29, 2009, which, to the extent appealed from, denied plaintiffs' motion to renew and to vacate the prior dismissal order, unanimously affirmed, without costs.

The May 2008 order resulted from a motion and cross motion by O'Hara and DeSimone, which was contested by plaintiffs,

[901 N.Y.S.2d 593]

and thus was directly appealable by those two defendants ( Figiel v. Met Food, 48 A.D.3d 330, 851 N.Y.S.2d 524 [2008] ). At the hearing on the motion, four other defendants (153rd Street, Dermot, Kajima and VJB) joined therein, but plaintiffs did not appear, and thus the dismissal of the complaint as against those four defendants was granted on default, requiring plaintiffs' motion to vacate that order (CPLR 5015). In order to vacate that dismissal on default, plaintiffs had to demonstrate both a reasonable excuse for their failure to appear and a meritorious cause of action ( Grippi v. Balkan Sewer & Water Main Serv., 66 A.D.3d 837, 886 N.Y.S.2d 614 [2009] ), which they failed to...

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5 cases
  • Torres v. Metro N. R.R.
    • United States
    • New York Supreme Court
    • December 23, 2016
    ...be detailed and evidentiary and not vague or conclusory. Imovegreen, LLC v. Frantic, LLC, 139 A.D.3d at 540; Gal-Ed v. 153rd St. Assoc., LLC, 73 A.D.3d 438, 438 (1st Dep't 2010); Casimir v. Consumer Home Mortg. Inc., 65 A.D.3d 954, 954 (1st Dep't 2009); Peacock v. Kalikow, 239 A.D.2d at 190......
  • Fieldson Lodge Care Ctr. v. Andrews
    • United States
    • New York Supreme Court — Appellate Division
    • December 16, 2010
    ...for his default, that he believed his mother's counsel had answered the complaint on his behalf ( see e.g. Gal-Ed v. 153rd St. Assoc., LLC, 73 A.D.3d 438, 901 N.Y.S.2d 592 [2010] ). He offered no evidence to refute the reasonable inference from the documentary evidence and his own admission......
  • Smith v. Girls Club of N.Y.
    • United States
    • New York Supreme Court — Appellate Division
    • June 9, 2015
    ...new evidence submitted by plaintiff in support of his motion to renew warrant a different result (see Gal–Ed v. 153rd St. Assoc., LLC, 73 A.D.3d 438, 439, 901 N.Y.S.2d 592 [1st Dept.2010] ).FRIEDMAN, J.P., ACOSTA, MOSKOWITZ, RICHTER, FEINMAN, JJ., ...
  • White v. City of N.Y.
    • United States
    • New York Supreme Court — Appellate Division
    • October 6, 2020
    ...of a meritorious claim (see Kamara v. Ambert, 89 A.D.3d 612, 933 N.Y.S.2d 38 [1st Dept. 2011] ; Gal–Ed v. 153rd St. Assoc., LLC, 73 A.D.3d 438, 438, 901 N.Y.S.2d 592 [1st Dept. 2010] ...
  • Request a trial to view additional results

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