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HATTA v. ZBS GROUP LLP

Index No. 159877/19. Appeal No. 16375. Case No. 2021-04230.

209 A.D.3d 459 (2022)

174 N.Y.S.3d 844

2022 NY Slip Op 05625

Shigemi Hatta, Appellant, v. ZBS Group LLP et al., Respondents.

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

Decided October 6, 2022.

Attorney(s) appearing for the Case

Arnold E. DiJoseph, P.C., New York ( Arnold E. DiJoseph, III of counsel), for appellant.

Francis X. Casale, Jr., PLLC, Melville ( Francis X. Casale, Jr. of counsel), for respondents.

Concur—Renwick, J.P., Oing, González, Mendez, Shulman, JJ.

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered October 13, 2021, which granted defendants' motion to vacate a default judgment, unanimously affirmed, without costs.

In support of their timely motion to vacate the default judgment pursuant to CPLR 5015, defendants established a reasonable excuse for their default, where counsel was consumed by health problems, pandemic issues, and the state mandated lockdowns (see e.g. Willner v S Norsel Realties...

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