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GAUSE v. 2405 MARION CORP.

550, 303876/12.

154 A.D.3d 453 (2017)

61 N.Y.S.3d 473

2017 NY Slip Op 06998

VERLENE GAUSE, Respondent, v. 2405 MARION CORP., Appellant, et al., Defendant.

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

Decided October 5, 2017.

Supreme Court did not abuse its discretion in finding that plaintiff had made a sufficient showing of law office failure to excuse its failure to move for a default judgment within one year (see Riccardi v Otero, 33 A.D.3d 571 [1st Dept 2006]). However, as the record reflects that Marion promptly responded to correspondence from plaintiff and sought to investigate the claim, and there being reason to believe that it did not receive...

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