POLSKY v. SIMON

2015-09606, Index No. 12046/10.

145 A.D.3d 693 (2016)

2016 NY Slip Op 08213

43 N.Y.S.3d 101

GREG S. POLSKY, Appellant, v. AMY SIMON, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 7, 2016.


Ordered that the order entered September 23, 2015, is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion pursuant to CPLR 5015 (a) (1) to vacate the order dated June 11, 2015, is granted.

The plaintiff, who sought to vacate his default in appearing at a call of the trial calendar, was required to demonstrate both a reasonable excuse for the default and a potentially meritorious cause of action and defense to the counterclaims...

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