Sela v. Hammerson Fifth Avenue, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Edward Lehner, J.), entered April 5, 2000, which denied defendant’s motion to vacate a prior order, entered September 13, 1999, granting plaintiffs motion to strike defendant’s answer on default, unanimously reversed, on the law, the facts, and in the exercise of discretion, without costs, the motion to vacate granted, and the answer reinstated.
The motion court improvidently exercised its discretion in denying defendant’s motion to vacate the default order. Defendant established, as required by CPLR 5015, a reasonable excuse for the default, i.e.,…
2Cases cited2 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Grossberg Tudanger Advertising, Inc. v. WeinrebAppellate Division of the Supreme Court of the State of New York · 1991