Weissblum v. MOSTAFZAFAN FOUND. OF NEW YORK

OPINION OF THE COURT

Memorandum.

Defendant seeks to reargue our recent decision (59 NY2d 815) in this case whereby we decided that the rule of Barasch v Micucci (49 NY2d 594) and Eaton v Equitable Life Assur. Soc. (56 NY2d 900) should be applied to preclude defendant from vacating a default judgment entered against it for failing, as a result of law office failure, to timely file an answer.

Subsequent to our disposition of the liability question in this case, the Legislature passed and the Governor signed into law a new section 2005 to the CPLR which allows the lower courts to exercise…