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SOLOWIJ v. OTIS ELEVATOR CO.

260 A.D.2d 226 (1999)

688 N.Y.S.2d 147

MARIA C. SOLOWIJ, Appellant, v. OTIS ELEVATOR CO. et al., Respondents.

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

Decided April 15, 1999.

The affidavit submitted by plaintiff showed that the default was due to the misconduct of a former paralegal in her counsel's law firm. This constituted a reasonable excuse for plaintiff's various defaults which, coupled with her affidavit of merit suggesting that plaintiff had a reasonably meritorious claim, furnished grounds for vacatur of the default. As we have previously held in somewhat similar circumstances, the misconduct...

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