Yardeny v. Jordan

In an action to recover damages for breach of contract and fraud, the plaintiff appeals from an order of the Supreme Court, Queens County (Agate, J.), entered November 21, 2011, which granted the defendant’s motion, in effect, to vacate his default in appearing or answering the complaint and to dismiss the complaint.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court properly granted that branch of the defendant’s motion which was, in effect, to vacate his default in appearing or answering the complaint, as he established that he had a reasonable excuse for…