Opinion
February 22, 1971
In consolidated actions to recover money, in which an order and judgment (one paper) of the Supreme Court, Westchester County, dated September 4, 1969 and entered in Putnam County, was made granting, by default of defendants in Action No. 1, plaintiffs' renewed motion for partial summary judgment against said defendants and related relief, defendant Cedzich appeals from an order of the Supreme Court, Westchester County, dated December 2, 1969 and entered in Putnam County, which denied his motion (1) to vacate said order and judgment of September 4, 1969, (2) to open said default as to him and (3) for reconsideration of plaintiffs' said renewed motion for partial summary judgment and other relief as to him. Order reversed, without costs; motion of defendant Cedzich granted; order and judgment of September 4, 1969 vacated as to said defendant; and plaintiffs' renewed motion for summary judgment and other relief denied as to said defendant. The record establishes that appellant's default in opposing plaintiffs' renewed motion for partial summary judgment was due to the failure of his attorneys in notifying him of its pendency. On the facts herein, it was error to deny appellant's motion to vacate the default order and judgment. Rabin, P.J., Latham, Christ, Brennan and Benjamin., concur.