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TRI-STATE ENVIRONMENTAL CONTRACTING, INC. v. M.H. KANE CONSTRUCTION, INC.

25 A.D.3d 436 (2006)

807 N.Y.S.2d 368

TRI-STATE ENVIRONMENTAL CONTRACTING, INC., Respondent, v. M.H. KANE CONSTRUCTION, INC., Appellant.

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

January 17, 2006.

The motion court improvidently exercised its discretion by denying defendant's well-grounded motion to vacate its default pursuant to CPLR 5015 (a) (1) (see Goldman v Cotter, 10 A.D.3d 289 [2004]). Defendant demonstrated a reasonable excuse for the default, entered by the court sua sponte on the one occasion that defendant failed to appear, with candid, detailed and uncontroverted allegations of law office failure. The four-month...

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