555 PROSPECT ASSOCIATES, LLC v. GREENWICH DESIGN & DEVELOPMENT GROUP CORP.

2016-08001, Index No. 12666/11.

154 A.D.3d 909 (2017)

2017 NY Slip Op 07423

62 N.Y.S.3d 530

555 PROSPECT ASSOCIATES, LLC, Appellant, v. GREENWICH DESIGN & DEVELOPMENT GROUP CORP., Also Known as GREENWICH DESIGN & DEVELOPMENT GROUP, INC., et al., Defendants.

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

Decided October 25, 2017.


Ordered that the order is reversed, on the facts and in the exercise of discretion, without costs or disbursements, and the plaintiff's motion pursuant to CPLR 5015 (a) (1) to vacate the dismissal of the complaint and to restore the action to the conference calendar is granted.

In order to vacate its default in appearing at a call of the compliance conference calendar, the plaintiff was required to demonstrate both a reasonable excuse for the default and a potentially...

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