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WILLNER v. S NORSEL REALTIES LLC

152630/18, Appeal No. 16198, Case No. 2022-00096.

206 A.D.3d 545 (2022)

168 N.Y.S.3d 816

2022 NY Slip Op 04111

Orin WILLNER et al., Appellants, v. S Norsel Realties LLC et al., Respondents.

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

Decided June 23, 2022.

Attorney(s) appearing for the Case

The Altman Law Firm, PLLC, Woodmere (Michael T. Altman of counsel), for appellant.

Concur—Manzanet-Daniels, J.P., Webber, Gesmer, Scarpulla, Shulman, JJ.

Supreme Court improvidently exercised its discretion in denying plaintiffs' motion to vacate the dismissal, as plaintiffs showed both a reasonable excuse for their default and a meritorious cause of action (see CPLR 2005; Gibbs v St. Barnabas Hosp., 16 N.Y.3d 74, 80 [2010]). Under the circumstances, law office failure constitutes a reasonable excuse for the default, since plaintiffs' counsel was unaware that procedures for...

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