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YACONE v. RYAN HOMES, INC.

216 A.D.2d 963 (1995)

629 N.Y.S.2d 159

Bartholomew Yacone, Jr., Appellant, v. Ryan Homes, Inc., Respondents

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

June 9, 1995

Order unanimously affirmed without costs.

Memorandum:

Supreme Court did not abuse its discretion in granting the motion of defendants to vacate their default (see, CPLR 5015 [a] [1]). Defendants' default resulted from law office failure on the part of defendants' original attorney. A motion to vacate a default resulting from law office failure may be made pursuant to CPLR 2005 (see, Raphael v Cohen, 62 N.Y.2d 700

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