Bais Yoel Ohel Feige v. Congregation Yetev Lev D'Satmar of Kiryas Joel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, for a permanent injunction, the plaintiffs appeal from an order of the Supreme Court, Orange County (Owen, J.), dated August 9, 2005, which denied their motion to vacate the dismissal of the action pursuant to CPLR 3216.
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is reinstated.
Under the circumstances of this case, including, inter alia, the absence of any evidence of willfulness by the plaintiffs, the *595lack of prejudice to the defendants, the existence of a possible meritorious cause of action, and the public…
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