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CORNWALL WAREHOUSING, INC. v. LERNER

8994, 153561/14.

171 A.D.3d 540 (2019)

98 N.Y.S.3d 192

2019 NY Slip Op 02825

Cornwall Warehousing, Inc., et al., Appellants, v. Jonathan C. Lerner et al., Respondents.

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

Decided April 16, 2019.

Plaintiffs demonstrated a reasonable excuse for their default (CPLR 5015 [a] [1]), based on law office failure, as detailed in the affirmation of their former counsel who miscalendared the motion (CPLR 2005; People's United Bank v Latini Tuxedo Mgt., LLC, 95 A.D.3d 1285, 1286 [2d Dept 2012]). Plaintiffs then moved to vacate the order entered on their default, showing that they had a meritorious defense to the underlying motion to...

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