WALKER v. MOHAMMED

2011-00709

90 A.D.3d 1034 (2011)

934 N.Y.S.2d 854

2011 NY Slip Op 9632

ASHLEY WALKER et al., Appellants, v. MANUAL KABZAR MOHAMMED et al., Respondents.

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

Decided December 27, 2011.


Ordered that the order dated November 3, 2010, is reversed, on the law and in the exercise of discretion, with costs, and the plaintiffs' motion to vacate the order dated June 2, 2010, is granted.

To vacate their default in opposing the defendants' motion for summary judgment, the plaintiffs were required to demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion (see CPLR 5015 [a] [1]; Casali v Cyran,...

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