March 6, 2017

Motions to vacate.

Practice point:  The court may grant a motion to vacate a default on grounds of excusable default and a showing of a meritorious defense, if the motion is made within one year after service of the order entered on default, with written notice of its entry, pursuant to CPLR 5015[a][1].

Case:  Marston v. Cole, NY Slip Op 01489 (1st Dep't February 28, 2017)

Here is the decision.

Tomorrow's issue: A landowner's liability.