Diaz v. Chaudhry

Ordered that the order entered September 30, 2010, is affirmed insofar as appealed from, with costs.

While we affirm the order entered September 30, 2010, insofar as appealed from, we do so, in part, on a ground not relied upon by the Supreme Court.

The Supreme Court providently exercised its discretion in granting the defendants’ motion to vacate their default in opposing the plaintiff’s motion for leave to renew his opposition to *591their summary judgment motion, as their claim of law office failure was supported by a detailed and credible explanation of the default (see Kohn v Kohn, 86 AD3d 630…