Lui v. Arias

—Order, Supreme Court, Bronx County (Stanley Green, J.), entered August 28, 2000, which granted defendant-respondent’s motion to vacate an order granting plaintiffs motion to strike defendant’s answer on default, and, upon vacatur, denied the motion to strike, unanimously affirmed, without costs.

The order striking defendant’s answer on default was properly vacated upon a showing of a meritorious defense, namely, lack of notice of the alleged dangerous condition, and a reasonable excuse for the failure to timely submit papers in opposition to the motion, namely, its attorney’s mistaken belief…