Legal Opinion

Eaderesto v. 22 Leroy Owners Corp.

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 2012Published

1Opinion of the Court

The motion court erred in denying that part of defendants’ motion to vacate the self-executing preclusion order (see generally Gibbs v St. Barnabas Hosp., 16 NY3d 74, 80 [2010]). The *451record shows that defendants provided a reasonable excuse for their default and subsequent 45-day delay in complying with the order, as the handling attorney in a two-partner firm had been stricken with a serious illness. Defendants also demonstrated a meritorious defense to the action by presenting evidence that plaintiff remained in the shower in defendants’ building despite knowing that the water was too hot.

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2Cases cited3 opinions

  1. Gibbs v. St. Barnabas HospitalNew York Court of Appeals · 2010
  2. Sawchuk v. 335 Realty 58 AssociatesAppellate Division of the Supreme Court of the State of New York · 2007
  3. Simmons v. SacchettiNew York Court of Appeals · 2010

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