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MORALES v. MARION AVENUE MANAGEMENT LLC

Index No. 303499/11. 2512817/13. Appeal No. 12333N. Case No. 2015-21606.

188 A.D.3d 466 (2020)

131 N.Y.S.3d 890

2020 NY Slip Op 06399

Franklin Morales, Plaintiff, v. Marion Avenue Management LLC, Defendant/Third-Party Plaintiff-Respondent. Public Service Mutual Insurance Company, Third-Party Defendant-Appellant.

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

Decided November 10, 2020.

The court providently exercised its discretion in finding that third-party plaintiff (Marion) demonstrated excusable default and a meritorious cause of action, warranting vacatur of the order that dismissed the third-party action (CPLR 5015[a][1]; see Port Auth. of N.Y. & N.J. v Guardian Serv. Indus., Inc., 165 A.D.3d 467, 467 [1st Dept 2018]). Marion established that its default was attributable to law office failure by submitting...

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