LEITNER & GETZ LLP v. COX

8795N, 156978/17.

170 A.D.3d 586 (2019)

94 N.Y.S.3d 847

2019 NY Slip Op 02282

Leitner & Getz LLP, Appellant, v. Elise Cox, Respondent.

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

Decided March 26, 2019.


In this action to collect attorneys' fees, the motion court providently exercised its discretion in granting defendant's motion to vacate where defendant's evidence established that she had grounds to believe her time to answer had been extended. In any event, defendant's delay in answering was minimal considering her change of attorneys at the time plaintiff filed this action, and her need to find counsel amenable to representing her in this fee dispute.

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