Defendant's motion to vacate his default on the ground of excusable neglect was timely made within one year of service of the judgment (CPLR 5015 [a] [1]). Defendant satisfactorily explains that his failure to oppose plaintiff's motion for summary judgment and attend the ensuing proceedings was due to his lack of proficiency in English and an inability to retain counsel. We are also satisfied that plaintiff was not prejudiced by the four-month delay between the default and...
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