Weissblum v. Mostafzafan Foundation

Order of the Supreme Court, New York County (Andrew Tyler, J.), entered August 20, 1981, granting defendant’s motion to vacate its default unanimously affirmed, without costs. This is an action for real estate brokerage commissions. It was commenced on March 4,1981 by service of a summons and complaint. Defendant forwarded the papers to its attorney who misfiled them. Shortly after the time to answer had expired the papers were located. Defendant’s attorney immediately communicated with plaintiffs’ counsel and requested an extension of time to answer. Some period of time elapsed between…