De Los Santos v. New York City Transit Authority

Order, Supreme Court, Bronx County (Barry Salman, J.), entered October 3, 2014, which granted defendants’ motion to vacate a prior order granting plaintiff’s motion for summary judgment on the issue of liability upon defendants’ default, and, upon vacating the prior order, denied plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

Defendants provided a reasonable excuse for their failure to timely oppose plaintiff’s summary judgment motion. Defend*454ants submitted, inter alia, their attorney’s affirmation explaining that she was trying another case during a three-week…