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MAURICE v. MAURICE

11509N. 21084/14E.

183 A.D.3d 455 (2020)

122 N.Y.S.3d 634

2020 NY Slip Op 02873

Matthew Maurice, Appellant, v. Irene D. Maurice, Also Known as Irene D. Bachtler, et al., Respondents.

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

Decided May 14, 2020.

A motion to vacate a default may be granted if the movant establishes that its default was excusable and that it has a meritorious defense to the action (Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]). Further, a client will not be deprived of his day in court on account of his attorney's "neglect or inadvertent error, especially where the other party cannot show prejudice and his position has merit" ...

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