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PARK EX REL. MA UWS NEW YORK, INC. v. KIM

Index No. 655212/18. Appeal No. 15863. Case No. 2021-00603.

205 A.D.3d 429 (2022)

168 N.Y.S.3d 436

2022 NY Slip Op 02956

Heijung Park, Individually and on Behalf of MA UWS New York, Inc., Appellant, v. Nam Yong Kim et al., Respondents.

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

Decided May 3, 2022.

Attorney(s) appearing for the Case

Kimm Law Firm, New York (Michael S. Kimm of counsel), for appellant.

Kim & Bae, P.C., New York (Joshua B. Sears of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Gesmer, Moulton, Mendez, Higgitt, JJ.

In support of her motion to vacate, plaintiff offered a reasonable excuse of law office failure supported by counsel's affirmation (CPLR 5015[a]; 2005). The supporting documentation indicates that plaintiff's counsel was short-staffed at the outset of the pandemic and believed that a reply to the counterclaims had been prepared and filed so that the motion for a default would be withdrawn, as he had withdrawn his previous motion...

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