Weissblum v. Mostafzafan Foundation

Order, Supreme Court, New York County (Tyler, J.), entered August 20,1981, granting defendant’s motion to vacate its default, affirmed, without costs or disbursements. Eaton v Equitable Life Assur. Soc. of U. S. (56 NY2d 900) holds that Special Term abuses its discretion as a matter of law when it vacates the default of a defendant who has no excuse other than law office failure. That is not the case here. Admittedly there was law office failure when the defendant’s attorneys misfiled the summons and complaint and the error was not discovered until at most 22 days after the time to answer had…