PRESCOD v. O'BRIEN

1496. 1497.

67 A.D.3d 545 (2009)

888 N.Y.S.2d 397

2009 NY Slip Op 08482

HENDERSON J. PRESCOD, Appellant, v. BETTY LEGGIERO O'BRIEN, Respondent.

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

Decided November 19, 2009.


The motion court correctly found that while defendant's decedent offered no evidence on the issue of fault, he did show a meritorious defense on the issue of serious injury, and properly vacated his default upon a showing that his many illnesses and disabilities rendered his failure to appear excusable (CPLR 5015 [a] [1]). We have considered plaintiff's other arguments and find them...

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