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GOTTLIEB v. NORTHRIVER TRADING CO. LLC

10157N, 601546/04.

106 A.D.3d 580 (2013)

966 N.Y.S.2d 37

2013 NY Slip Op 3618

HELENE GOTTLIEB, Respondent, v. NORTHRIVER TRADING COMPANY LLC et al., Appellants, et al., Defendants. NORTHRIVER TRADING COMPANY LLC, Counterclaimant, v. PHILIP GOTTLIEB, Also Known as FEIVEL GOTTLIEB, Counterclaimant-Respondent.

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

Decided May 21, 2013.

The motion to vacate was timely. The record contains no proof of service of the notice of entry of the default judgment; therefore, the one-year deadline of CPLR 5015 was not triggered (see CPLR 5015 [a] [1]; Donnelly v Treeline Cos., 66 A.D.3d 563, 564 [1st Dept 2009]).

Plaintiff demonstrated a reasonable excuse for her default. Indeed, the record shows that she and her husband, defendant on the counterclaim (together...

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