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Jo Simons Studios v Karin Models, LLC (2006 NY Slip Op 51891(U))
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Decided on October 5, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ 570377/06.
Jo Simons Studios, Plaintiff-Appellant,
against
Karin Models, LLC Defendant-Respondent.
Plaintiff appeals from an order of the Civil Court, New York County (Shlomo S. Hagler, J.), entered April 11, 2005, which granted defendant's motion to vacate a default judgment, and from an order (same Court and Judge) entered July 5, 2005, which denied plaintiff's motion for renewal.
PER CURIAM
Orders (Shlomo S. Hagler, J.), entered April 11, 2005 and July 5, 2005, affirmed, with $10 costs.
Defendant's motion to vacate its default was properly granted (see Crespo v. A.D.A. Management, 292 AD2d 5 [2002]). Defendant has satisfactorily shown a reasonable excuse for its failure to appear at trial by submitting evidence that its controller, who was responsible for obtaining trial counsel, experienced health problems which prevented her from properly attending to
file:///C|/Users/Peter/Desktop/NY/2/2006_51891.htm[4/21/2013 6:15:00 PM]
Jo Simons Studios v Karin Models, LLC (2006 NY Slip Op 51891(U))
this matter. Defendant also demonstrated the existence of a potentially meritorious defense.
This constitutes the decision and order of the court. I concur I concurI concur
Decision Date: October 5, 2006
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