Fuestel v. Gill

In an action to recover a real estate brokerage commission, the defendant appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated August 8, 2006, which denied his motion to vacate a judgment of the same court entered March 28, 2006, upon his default in answering the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion to vacate the judgment entered March 28, 2006 is granted.

The Supreme Court should have granted the defendant’s motion to vacate the default judgment pursuant to CPLR 317 *426because he established that he did not…