Spyropoulos v. Hirsh

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered April 6, 2004, which granted defendant Hirsh’s motion to vacate his default on a prior motion for partial summary judgment, and upon vacatur, granted Hirsh summary judgment dismissing the complaint, unanimously affirmed, with costs.

Defendant should not be prejudiced by his prior attorney’s default, which was inadvertent, unintentional and an isolated incident devoid of any pattern of dilatory behavior (CPLR 2005; Latha Rest. Corp. v Tower Ins. Co., 285 AD2d 437 [2001]).

Plaintiff’s showing as against Hirsh was insufficient…