Galindo v. Keller

Order, Supreme Court, New York County (Shlomo Hagler, J.), entered on or about October 19, 2015, which denied plaintiff’s motion for a default judgment and granted defendants-respondents’ cross motion to vacate their default and extend their time to answer, unanimously affirmed, without costs.

Although plaintiff made a prima facie showing of his entitlement to a default judgment against defendants (see CPLR 3215), Supreme Court providently exercised its discretion in vacating defendants’ default (see CPLR 3012 [d]; Johnson v Deas, 32 AD3d 253, 254 [1st Dept 2006]). Defendants provided a…