481 REALTY CORP. v. SOHO GALLERY, INC.

7889N, 650812/10.

96 A.D.3d 484 (2012)

945 N.Y.S.2d 558

2012 NY Slip Op 4416

481 REALTY CORP., Appellant, v. SOHO GALLERY, INC., Doing Business as LAZARO JEWELRY & HOME FURNISHINGS, et al., Respondents.

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

June 7, 2012.


Upon defendants' second motion, seeking to vacate their failure to appear at the oral argument of their prior motion to vacate their default in answering the complaint, the court providently exercised its discretion in vacating defendants' underlying default. The court found that defendants sought to vacate their default when it became known to them, that the motion to vacate the default was not untimely and that plaintiff would not be prejudiced by the granting of vacatur...

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