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DONG v. HOWE

No. 651906/19. Appeal No. 610. Case No. 2023-01765.

219 A.D.3d 1219 (2023)

196 N.Y.S.3d 60

2023 NY Slip Op 04716

Huiping Dong, Respondent, v. Tina Yu Howe, Appellant.

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

Decided September 26, 2023.

Attorney(s) appearing for the Case

Sutton Sachs Meyer PLLC, New York ( Zachary G. Meyer of counsel), for appellant.

Law Offices of Bernard D'Orazio & Associates, P.C., New York ( Steven G. Yudin of counsel), for respondent.

Concur—Renwick, P.J., Moulton, Kennedy, Scarpulla, Higgitt, JJ.

Order, Supreme Court, New York County (Louis L. Nock., J.), entered January 13, 2023, which denied defendant's motion to vacate an order awarding summary judgment to plaintiff upon defendant's default, unanimously affirmed, with costs.

A motion to vacate may be granted pursuant CPLR 5015 where a party shows both an excusable default and a meritorious defense (see Port Auth. of N.Y. & N.J. v Guardian Serv. Indus., Inc., 165 A.D.3d 467

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