QUINTERO v. KIM


43 A.D.3d 895 (2007)

841 N.Y.S.2d 629

RAUL QUINTERO et al., Appellants, v. JAE W. KIM et al., Respondents.

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

Decided September 11, 2007.


Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion to vacate the order entered April 11, 2006 is granted, the order entered April 11, 2006 is vacated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

CPLR 5015 (a) permits a court to vacate a default in opposing a motion where the moving party demonstrates both a reasonable excuse for the default and the existence of a meritorious...

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