Gottlieb v. Northriver Trading Co.

Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered April 3, 2012, which granted plaintiff’s motion to vacate a default judgment dismissing the action, and restored the case to the calendar, unanimously affirmed, without costs.

The motion to vacate was timely. The record contains no proof of service of the notice of entry of the default judgment; therefore, the one-year deadline of CPLR 5015 was not triggered (see CPLR 5015 [a] [1]; Donnelly v Treeline Cos., 66 AD3d 563, 564 [1st Dept 2009]).

Plaintiff demonstrated a reasonable excuse for her default. Indeed, the record shows…