Ferguson v. Hess Corp.

Appellate Division of the Supreme Court of New York

Ferguson v. Hess Corp.

89 A.D.3d 599, 932 N.Y.2d 904

Appellate Division of the Supreme Court of the State of New York·Decided November 22, 2011·Published·Cited by 2 cases

Opinion

Supreme Court providently exercised its discretion in vacating plaintiffs default and restoring the action to the calendar. The action has merit, plaintiff has substantially complied with discovery and retained new counsel, and there is a strong public policy favoring resolution of cases on the merits (Chevalier v 368 E. 148th St. Assoc., LLC, 80 AD3d 411, 413-414 [2011]). In view of the foregoing, we need not reach defendants’ argument regarding plaintiffs motion to renew.

[600]*600We have considered defendants’ remaining arguments and find them unavailing. Concur — Tom, J.E, Saxe, Sweeny, Richter and Manzanet-Daniels, JJ.

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Supreme Court providently exercised its discretion in vacating plaintiffs default and restoring the action to the calendar. The action has merit, plaintiff has substantially complied with discovery and retained new counsel, and there is a strong public policy favoring resolution of cases on the merits (Chevalier v 368 E. 148th St. Assoc., LLC, 80 AD3d 411, 413-414 [2011]). In view of the foregoing, we need not reach defendants’ argument regarding plaintiffs motion to renew.

[600]*600We have considered defendants’ remaining arguments and find them unavailing. Concur — Tom, J.E, Saxe, Sweeny, Richter and Manzanet-Daniels, JJ.

Ferguson v. Hess Corp., 89 A.D.3d 599, 932 N.Y.2d 904 (N.Y. Ct. App. 2011).

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