Opinion
7806N Index 306467/13
12-04-2018
Khristina HAMILTON, Plaintiff–Respondent, v. NATIONAL AMUSEMENTS, INC., Doing Business as Jamaica Multiplex Cinemas, Defendant–Appellant, Mattone Group Jamaica Company, LLC., Defendant.
Miranda Sambursky Slone Sklarin & Verveniotis LLP, Elmsford (John W. Manning of counsel), for appellant. Sacco & Fillas LLP, Astoria (Adam Nichols of counsel), for respondent.
Miranda Sambursky Slone Sklarin & Verveniotis LLP, Elmsford (John W. Manning of counsel), for appellant.
Sacco & Fillas LLP, Astoria (Adam Nichols of counsel), for respondent.
Sweeny, J.P., Manzanet–Daniels, Gische, Tom, Moulton, JJ.
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about August 10, 2017, which, in this action for personal injuries, granted plaintiff's motion pursuant to CPLR 5015 to vacate her default on defendant National Amusements, Inc.'s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The motion court providently exercised its discretion by accepting the law office failure of plaintiff's attorney as a reasonable excuse because that failure was isolated and unintentional and did not result in any prejudice to defendant (see Chevalier v. 368 E. 148th St. Assoc., LLC, 80 A.D.3d 411, 413–414, 914 N.Y.S.2d 130 [1st Dept. 2011] ; SS Constantine & Helen's Romanian Orthodox Church of Am. v. Z. Zindel, Inc., 44 A.D.3d 744, 843 N.Y.S.2d 414 [2d Dept. 2007] ). Furthermore, plaintiff's deposition testimony and the allegations contained in her bill of particulars sufficiently set forth a meritorious cause of action (see Mutual Mar. Off., Inc. v. Joy Constr. Corp., 39 A.D.3d 417, 419, 835 N.Y.S.2d 88 [1st Dept. 2007] ; Hunter v. Annexstein, 141 A.D.2d 449, 451, 529 N.Y.S.2d 785 [1st Dept. 1988] ).
We have considered defendant's remaining arguments and find them unavailing.