Opinion
December 15, 2009.
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about July 20, 2009, which granted plaintiffs show-cause motion to vacate a default and restore this action to the calendar, unanimously affirmed, without costs.
Before: Gonzalez, P.J., Moskowitz, DeGrasse, Manzanet-Daniels and Roman, JJ.
Plaintiff demonstrated a reasonable excuse by showing that his default resulted from law office failure to calendar and timely oppose defendant's discovery motion ( see Simpson v Tommy Hilfiger U.S.A., Inc., 48 AD3d 389, 392), and also demonstrated merit to his cause ( see Palermo v Lord Taylor, 287 AD2d 258, 260).