CAESAR v. HARLEM USA STORES, INC.

4046N. 157852/13.

150 A.D.3d 524 (2017)

2017 NY Slip Op 03918

55 N.Y.S.3d 25

FRANK CAESAR, Appellant, v. HARLEM USA STORES, INC., Respondent.

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

Decided May 16, 2017.


Plaintiff brought this action against defendant after allegedly slipping and falling down a staircase at a retail clothing store located at 2309 Frederick Douglas Boulevard, New York, New York. The motion court properly granted defendant's motion to vacate the default judgment against it.

Defendant submitted a reasonable excuse for its default (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr....

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