The motion court improvidently exercised its discretion in denying defendant's motion to vacate the default order. Defendant established, as required by CPLR 5015, a reasonable excuse for the default, i.e., inadvertent law office failure, and a meritorious defense. As to the latter issue, the affirmation submitted by defendant's attorney, whether or not based on his personal knowledge of the underlying facts, was a proper vehicle for the submission of evidence in admissible...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.