SPYROPOULOS v. Pelagos Restaurant Corp., et al., Defendants. (2005)

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered April 6, 2004, which granted defendant Hirsh's motion to vacate his default on a prior motion for partial summary judgment, and upon vacatur, granted Hirsh summary judgment dismissing the complaint, unanimously affirmed, with costs.

 Defendant should not be prejudiced by his prior attorney's default, which was inadvertent, unintentional and an isolated incident devoid of any pattern of dilatory behavior (CPLR 2005;  Latha Rest. Corp. v. Tower Ins. Co., 285 A.D.2d 437, 728 N.Y.S.2d 45 [2001] ).

 Plaintiff's showing as against Hirsh was insufficient to provide a basis for relief against him under Civil Rights Law §§ 50 and 51.   Plaintiff's seventh cause of action, alleging harm to his reputation without specification, is unsupportable.   The fact that the restaurant ultimately became insolvent is not a basis for a common-law action for damage to reputation, absent an allegation that the articles were in any way false.   Mere conclusions, expressions of hope, or unsubstantiated allegations or assertions are insufficient to raise a triable issue of fact (Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718 [1980] ).

We have considered plaintiff's remaining arguments and find them without merit.