Gecaj v. Gjonaj Realty & Management Corp.

Friedman, J.P.,

dissents in part in a memorandum as follows: Under the clear weight of authority in this Court, a *609party’s default is excusable under CPLR 5015 (a) (1) upon a substantiated showing that the party promptly forwarded all of the legal papers it received to its insurance broker or carrier, in reliance on the broker or carrier to take appropriate action, and that the default resulted from error on the part of the broker or carrier. Supreme Court, adhering to these precedents, exercised its discretion to grant defendants’ motion to vacate the default judgment against them, based upon…