OLIVERAS v. VORNADO REALTY TRUST


55 A.D.3d 574 (2008)

864 N.Y.S.2d 324

MARIA OLIVERAS, Respondent, v. VORNADO REALTY TRUST et al., Defendants, and BUSINESS MAINTENANCE SERVICES, LLC, Appellant.

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

October 7, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the defendant's cross motion to dismiss the complaint pursuant to CPLR 3215 (c) on the ground that the plaintiff had failed to move for leave to enter a default judgment against it within one year. The plaintiff's counsel adequately explained the reason for the failure, and the plaintiff's affidavit demonstrated the existence...

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