CHUNG v. 5400 FIELDSTON RD. CORP.


201 A.D.2d 290 (1994)

608 N.Y.S.2d 831

Carmen Chung, Respondent, v. 5400 Fieldston Road Corp. et al., Appellants

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

February 3, 1994


In this action, brought to recover for injuries sustained as a result of an alleged elevator malfunction, the court properly exercised its discretion to vacate plaintiff's default in view of plaintiff's demonstration of a meritorious claim, an adequate excuse, namely, the serious illness of plaintiff's prior counsel and the absence of any prejudice to defendants.

We have considered defendants' remaining contention and find it without merit. Summary judgment was properly...

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