Guang Jing Chen v. Goldstein

Order, Supreme Court, New York County (Beverly Cohen, J.), entered November 12, 1996, which granted plaintiffs motion to reargue a prior order granting defendants’ motion to dismiss the complaint pursuant to CPLR 3126 on default, and, upon reargument, adhered to the prior order, unanimously modified, on the law, to deem plaintiffs motion as one to vacate his default, and, so considered, the motion denied and the order otherwise affirmed, without costs.

We credit plaintiffs attorney’s representation that he never received defendants’ amended CPLR 3126 notice of motion, necessitated by some…