Feders v. Lamprecht

*277Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered September 19, 2005, which denied plaintiffs motion to vacate an earlier judgment dismissing the action with prejudice for failure to prosecute, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, the motion granted, the judgment vacated and the complaint reinstated.

Under the circumstances, the motion court’s denial of the motion to vacate was an improvident exercise of discretion. The record shows no intention to abandon the action, and defendants alleged no prejudice as a result…