KNIGHT v. ACACIA NETWORK, INC.

305657/14. 10370A. 83859/16. 10370.

177 A.D.3d 499 (2019)

110 N.Y.S.3d 549

2019 NY Slip Op 08365

Kimberly Knight, Appellant, v. Acacia Network, Inc., et al., Respondents. Acacia Network, Inc., et al., Third-Party Plaintiffs, v. Platinum Care, Inc., Third-Party Defendant.

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

Decided November 19, 2019.


We disagree with the motion court that plaintiff failed to demonstrate both a reasonable excuse for her default and a meritorious cause of action (see Mutual Mar. Off., Inc. v Joy Constr. Corp., 39 A.D.3d 417, 419 [1st Dept 2007]). We find that the law office failure that resulted in plaintiff's two-week delay in filing opposition to defendants' motions was not willful and that a meritorious cause of action as to both incidents has...

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