Heera Industries, Inc. v. Barter Brokers International, Inc.

*216Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered March 31, 2003, which granted plaintiffs’ motion to vacate their default in opposing a motion by defendants to dismiss the complaint pursuant to a forum selection clause, and, upon vacatur, denied defendants’ motion to dismiss the complaint, unanimously affirmed, with costs.

Plaintiffs’ attorney represents that he failed to serve timely opposition to defendants’ motion because he entered the wrong adjourned date in his case management program. It further appears plaintiffs’ attorney learned of his error on the day that…