ESPINDOLA v. JORAWAR


228 A.D.2d 243 (1996)

643 N.Y.S.2d 992

David Espindola, an Infant, by Adelina Guerrero, His Mother and Natural Guardian, et al., Respondents, v. Bissoon Jorawar et al., Defendants, and David Gold, Appellant

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

June 11, 1996


The IAS Court properly exercised its discretion in vacating the default judgment since plaintiffs demonstrated a reasonable excuse for the default, the filing of opposition papers in the wrong clerk's office, and a potentially meritorious claim (CPLR 5015 [a]; 2005). Defendant's motion for summary judgment was properly denied with leave to renew since issues of fact exist with respect to defendant Gold's relationship to the subject premises during the time the infant plaintiff...

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