Maldonado v. Algil Holding Co. , 889 N.Y.2d 454 ( 2009 )

Plaintiff demonstrated a reasonable excuse by showing that his default resulted from law office failure to calendar and timely oppose defendant’s discovery motion (see Simpson v Tommy Hilfiger U.S.A., Inc., 48 AD3d 389, 392 [2008]), and also demonstrated merit to his cause (see Palermo v Lord & Taylor, 287 AD2d 258, 260 [2001]). Concur — Gonzalez, P.J., Moskowitz, DeGrasse, Manzanet-Daniels and Roman, JJ.