Stella Siomkos, Plaintiff-Respondent, v. Fatima Zohra Nouinou, Defendant-Appellant. (2025)

Supreme Court, Appellate Term, New York,

Stella Siomkos, Plaintiff-Respondent, v. Fatima Zohra Nouinou, Defendant-Appellant.

Decided: October 16, 2025

PRESENT: Tisch, J.P., Perez, Alpert, JJ.

Per Curiam.

Order (Anna R. Lewis, J.), entered March 7, 2025, affirmed, without costs.

Given the strong public policy of this State to dispose of cases on the merits (see Chevalier v. 368 E. 148th St. Assoc., LLC, 80 AD3d 411, 414 [2011]), we find that Civil Court providently exercised its discretion in granting plaintiff's motion to restore to the calendar. Plaintiff demonstrated a reasonable excuse for her lateness at the conference, her default was not intentional or prejudicial and she immediately moved to restore the action the day after it was dismissed. The record also shows the existence of a potentially meritorious cause of action for an unpaid loan (see Siomkos v Nouinou, 84 Misc 3d 132[A], 2024 NY Slip Op 51705[U] [App Term, 1st Dept 2024]).

We have considered defendant's remaining contentions and find them to be without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: October 16, 2025

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