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DEUTSCHE BANK NATIONAL TRUST CO. v. KIRSCHENBAUM

10680N, 850141/14.

179 A.D.3d 407 (2020)

113 N.Y.S.3d 529

2020 NY Slip Op 00039

Deutsche Bank National Trust Company, Respondent, v. Joshua Kirschenbaum, Appellant, et al., Defendants.

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

Decided January 2, 2020.

The motion court's determination to vacate a judgment is a discretionary one (Nash v Port Auth. Of N.Y. & N.J., 22 N.Y.3d 220, 226 [2013]; Horan v New York Tel. Co., 309 A.D.2d 642 [1st Dept 2003]). Plaintiff provided a reasonable excuse for its default (CPLR 5015[a][1]), in that its having missed a single conference was unintentional and a result of law office failure. Under the circumstances...

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