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MEJIA v. DURAN DE LA ROSA

650925/20. Appeal No. 16649. Case No. 2022-02898.

210 A.D.3d 506 (2022)

179 N.Y.S.3d 9

2022 NY Slip Op 06440

Alba Mejia, Respondent, v. Robert Duran De La Rosa et al., Appellants, et al., Defendants.

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

Decided November 15, 2022.

Attorney(s) appearing for the Case

Max D. Leifer, P.C., New York (Max D. Leifer of counsel), for appellants.

Garcia & Kalicharan, P.C., New York (William A. Garcia of counsel), for respondent.

Concur—Gische, J.P., Kapnick, Kern, Gesmer, Higgitt, JJ.

Order, Supreme Court, New York County (Melissa Crane, J.), entered March 1, 2022, which, to the extent appealed from, denied defendants Robert Duran De La Rosa and Jose Hernandez's motion to vacate the default judgment against them, unanimously reversed, on the law and in the exercise of discretion, without costs, and the motion granted as to those defendants.

Although defendants' claimed lack of fluency in English, by itself, did not amount to a reasonable excuse...

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