American Express Centurion v Pototschnig
2017 NY Slip Op 02895 [149 AD3d 509]
April 13, 2017
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 31, 2017


[*1]
 American Express Centurion, Respondent,
v
Hubert Pototschnig, Appellant.

Hubert Pototschnig, appellant pro se.

Order, Supreme Court, New York County (Kathryn E. Freed, J.), entered October 15, 2015, which denied defendant's motion to vacate a default judgment, unanimously reversed, on the law and the facts, the motion granted, the judgment vacated, and the complaint dismissed without prejudice.

In view of plaintiff's counsel's advice to this Court that plaintiff is not opposing this appeal, we reverse and grant defendant the requested relief. Concur—Friedman, J.P., Richter, Mazzarelli, Feinman and Gische, JJ.