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WALTON v. CARRION

261 A.D.2d 469 (1999)

687 N.Y.S.2d 300

JEAN WALTON, Respondent, v. LOUIS J. CARRION et al., Appellants, et al., Defendant.

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

Decided May 10, 1999.

Ordered that the order is affirmed, with costs.

The trial court did not improvidently exercise its discretion in vacating its previous order obtained upon the plaintiff's default, due to law office failure, in opposing the appellants' motion for summary judgment dismissing the complaint insofar as asserted against them (see, CPLR 2005, 5015 [a] [1]; General Elec. Capital Auto Lease v Terzi,

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