Eaderesto v. 22 Leroy Owners Corp.

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.

Ho…