KOWAL v. JACKFROMBROOKLYN INCORPORATED

11476. 156412/15.

183 A.D.3d 407 (2020)

121 N.Y.S.3d 598

2020 NY Slip Op 02715

Jaime Kowal et al., Appellants, v. JackFromBrooklyn Incorporated, Defendant, and Erech Swanston, Also Known as Jackie Summers, Respondent.

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

Decided May 7, 2020.


The motion court thought that Swanston's excuses might not be valid but that they were "plausible." However, plausibility is not the standard; rather, on a CPLR 5015(a)(1) motion, the movant must show a reasonable excuse for his default (see e.g. Galaxy Gen. Contr. Corp. v 2201 7th Ave. Realty LLC, 95 A.D.3d 789, 790 [1st Dept 2012]). Swanston's one-sided understanding that plaintiffs...

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