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RAMOS v. DR. MARTIN LUTHER KING, JR. HEALTH CENTER, INC.

282 A.D.2d 201 (2001)

722 N.Y.S.2d 375

SANDRA RAMOS, as Administratrix of the Estate of JUANA PEREZ, Deceased, Appellant, v. DR. MARTIN LUTHER KING, JR. HEALTH CENTER, INC., Respondent and Third-Party Plaintiff-Respondent. HOWARD R. FOX et al., Third-Party Defendants-Respondents. DR. MARTIN LUTHER KING, JR. HEALTH CENTER, INC., Second Third-Party Plaintiff-Respondent, v. ALLYN J. FOX, Second Third-Party Defendant-Respondent.

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

Decided April 3, 2001.

The motion court improvidently exercised its discretion in denying vacatur of the dismissal order. Initially, the dismissal was unwarranted, since there was no evidence that plaintiff's default had been willful or contumacious (see, CPLR 3126; Corner Realty 30/7 v Bernstein Mgt. Corp., 249 A.D.2d 191, 193). Moreover, plaintiff sufficiently established a reasonable excuse for her failure to file a note of issue as directed...

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