Opinion
No. 16375 Index No. 159877/19 No. 2021-04230
10-06-2022
Shigemi Hatta, Plaintiff-Appellant, v. ZBS Group LLP, et al., Defendants-Respondents.
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.
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.
Before: 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 LLC, 206 A.D.3d 545 [1st Dept 2022]; Bodden v Penn-Attransco Corp., 20 A.D.3d 334 [1st Dept 2005]), as well as meritorious defenses to plaintiff's claim, including statute of limitations (see CPLR 214[6]; see also RGH Liquidating Trust v Deloitte & Touche LLP, 47 A.D.3d 516, 517 [1st Dept 2008], lv dismissed 11 N.Y.3d 804 [2008]). Furthermore, Supreme Court did not abuse its discretion in granting vacatur as plaintiff did not establish any prejudice occasioned by the delay by her failure to demonstrate, or even allege, prejudice (see Chelli v Kelly Group, P.C., 63 A.D.3d 632 [1st Dept 2009]).