LAWN v. GIGLIOTTI


58 A.D.3d 697 (2009)

870 N.Y.S.2d 794

MILDRED LAWN, Respondent, v. JENNIFER GIGLIOTTI, Appellant.

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

January 20, 2009.


Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the motion pursuant to CPLR 5015 (a) to vacate the judgment entered June 20, 2007 is granted.

The Supreme Court improvidently exercised its discretion in denying the defendant's motion pursuant to CPLR 5015 (a) to vacate the default judgment. Under the peculiar circumstances of this action, the defendant presented both reasonable excuses for...

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