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WILMINGTON SAVINGS FUND SOCIETY v. HYO CHOONG SUNG

11280, 850163/15.

181 A.D.3d 509 (2020)

119 N.Y.S.3d 57

2020 NY Slip Op 01956

Wilmington Savings Fund Society, Respondent, v. Hyo Choong Sung et al., Defendants. West Fork Capital Equities, LLC, Nonparty Appellant.

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

Decided March 19, 2020.

The motion court providently exercised its discretion in denying appellant's motion to dismiss the action pursuant to CPLR 3215(c). Plaintiff provided a reasonable excuse for its delay in seeking a default judgment against appellant, i.e., an inadvertent error by plaintiff's counsel in moving for a default judgment against the "non-appearing" defendants only (see LaValle v Astoria Constr. & Paving Corp., 266 A.D.2d 28 [1st Dept...

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