Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered February 3, 2012, which denied plaintiff's motion to vacate a default judgment, and denied sub silentio defendant's request for attorneys' fees and sanctions, unanimously modified, on the law, plaintiff's motion granted, and the matter remanded to the motion court for disposition of the underlying motion on the merits, and otherwise affirmed, without costs.
Under the circumstances of this case the motion...
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