Peterec-Tolino v. Harap

Orders, Supreme Court, New York County (Debra A. James, J.), entered March 23, 2011, which denied plaintiffs motions for a default judgment against defendants, and granted defendants’ cross motion to dismiss the complaint as barred by the statute of limitations, unanimously modified, on the law, to deny defendants’ cross motion, and otherwise affirmed, without costs.

Defendants made a sufficient showing of excusable default and a meritorious defense to warrant denial of plaintiffs motions for a default judgment (see Zwicker v Emigrant Mtge. Co., Inc., 91 AD3d 443 [2012]). The record shows,…