RICCA v. BREM


148 A.D.2d 690 (1989)

Richard Ricca, Appellant, v. Steven K. Brem, Respondent, et al., Defendant

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

March 27, 1989


Ordered that the order is reversed, on the law, with costs, the motion to vacate is granted, the motion for summary judgment is denied, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings consistent herewith.

Contrary to the conclusions of the Supreme Court, we find that the plaintiff sufficiently demonstrated that his failure to oppose the respondent's prior motion for summary judgment was inadvertent and excusable. We further...

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