The Appellate Division unanimously affirmed the Order which, to the extent appealed from, vacated an order, entered on default, that dismissed the severed third-party action. Plaintiff established that its default was attributable to law office failure by submitting its counsel's affirmation explaining that the lawyer who had been handling the case left the firm and failed to pass her work on to the firm's two partners. The Appellate Division said that plaintiff should not be deprived of its day in court on account of its attorney's neglect or inadvertent error.
Morales v. Marion Ave. Mgt. LLC, NY Slip Op 06399 (1st Dep't November 10, 2020)
