New Century Mortgage Corp. v. Davis

Appeal by the plaintiff from an order of the Supreme Court, Kings County (Robin S. Garson, J.), dated December 2, 2015. The order denied the plaintiff’s motion to vacate an order of that court (Lawrence Knipel, J.) dated February 18, 2014, which conditionally dismissed the action pursuant to CPLR 3216, and to restore the action to the calendar, and directed the dismissal of the action.

Ordered that the order dated December 2, 2015, is reversed, on the law, without costs or disbursements, and the plaintiff’s motion to vacate the order dated February 18, 2014, and to restore the action to the…