Smith v. Pataki

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered June 17, 2015, which denied plaintiffs’ motion to vacate an order which, upon plaintiffs’ default, granted defendants’ motion to dismiss the complaint, unanimously reversed, on the facts, as a matter of discretion in the interest of justice, without costs, plaintiffs’ motion granted, and the matter remanded for determination of defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (2), (5) and (7).

Plaintiffs represent a putative class of individuals who, while incarcerated, were determined to be Sexually…