BRANCH v. BRANCH

2008-06270.

66 A.D.3d 809 (2009)

886 N.Y.S.2d 633

2009 NY Slip Op 7570

WILLIAM BRANCH, Respondent, v. LISA BRANCH, Appellant.

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

Decided October 20, 2009.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the defendant's motion to vacate her default in failing to appear for trial and to restore the action to the trial calendar is granted.

Under the circumstances of this case, the Supreme Court improvidently exercised its discretion in denying the defendant's motion. The defendant was approximately one hour late in appearing for trial, there was no indication that her lateness...

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