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MIZRACHY v. JORDAN

282 A.D.2d 210 (2001)

722 N.Y.S.2d 380

RENATE MIZRACHY, Appellant, v. ALBERTO JORDAN et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 3, 2001.

The motion court's refusal to vacate plaintiff's default in failing to comply with an order requiring her to file a note of issue by a date certain was improper since plaintiff has demonstrated a meritorious cause of action, a reasonable excuse for the delay in seeking to restore the action to the calendar, a lack of intent to abandon the action, and a lack of prejudice to defendant (Indrunas v Escher Constr. Corp., 277 A.D.2d 28

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