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Williams v. Zoria Housing LLC

Defaulting Plaintiffs Traffic Excuse Is Sufficient to Restore Matter to Active Status

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Decided: February 5, 2018¹DECISION & ORDER

*1 By order to show cause filed on January 8, 2018 under motion sequence number four, plaintiff Donald Williams (hereinafter Williams), seeks an order pursuant to CPLR 5015 vacating an order (hereinafter the prior subject order) that dismissed the complaint based on William’s failure to appear and oppose Zoria Housing LLC’s (hereinafter ZHL) motion to dismiss the complaint (hereinafter the prior subject motion).MOTION PAPERSWilliams’ motion papers consist of his affidavit and six annexed exhibits labeled A through F. Exhibit A contains an envelope addressed to Stanley Williams. Exhibit B is a copy of an order dated August 7, 2016 which dismissed the instant action based on Williams’ failure to appear and oppose ZHL’s prior subject motion to dismiss the complaint. Exhibit C is a copy of a HIPPA compliant authorization for Williams’ medical records. Exhibit D is a copy of a Queens County Criminal Court complaint in which

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