Solowij v. Otis Elevator Co.

—Order, Supreme Court, New York County (Diane Lebedeff, J.), entered October 28, 1997, which denied plaintiff’s motion to vacate the dismissal of her action pursuant to CPLR 5015, reversed, on the law, the facts and in the exercise of discretion, without costs, plaintiff’s default vacated and the complaint reinstated.

The affidavit submitted by plaintiff showed that the default was due to the misconduct of a former paralegal in her counsel’s law firm. This constituted a reasonable excuse for plaintiff’s various defaults which, coupled with her affidavit of *227merit suggesting that plaintiff had a…