KIM v. HWA PARK


292 A.D.2d 594 (2002)

739 N.Y.S.2d 599

SUNG-SOON KIM et al., Appellants, v. CHANG HWA PARK et al., Respondents.

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

Decided March 25, 2002.


Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, that branch of the motion which was to dismiss the complaint is denied, and the complaint is reinstated.

Under the circumstances of this case, the trial court improvidently exercised its discretion in granting that branch of the defendants' motion which was to dismiss the complaint pursuant to CPLR 3215 (c). The plaintiffs demonstrated a sufficient excuse for failing...

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