Johnson v. Eurotec Kitchen & Design, Inc.

Appellate Terms of the Supreme Court of New York

Johnson v. Eurotec Kitchen & Design, Inc.

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 12, 2017

Docket2017 NYSlipOp 50461(U)

StatusPublished

This text of Johnson v. Eurotec Kitchen & Design, Inc. (Johnson v. Eurotec Kitchen & Design, Inc.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Eurotec Kitchen & Design, Inc., (N.Y. Ct. App. 2017).

Pincite

Opinion

Mary Ann Johnson, Plaintiff-Respondent,

against

Eurotec Kitchen & Design, Inc. d/b/a Alpine Kitchen & Bath, Defendant-Appellant.

Defendant appeals from an order of the Small Claims Part of the Civil Court of the City of New York, New York County (Erika M. Edwards, J.), entered August 25, 2016, which denied its motion to vacate a default judgment.

Per Curiam.

Order (Erika M. Edwards, J.), entered August 25, 2016, reversed, without costs, motion granted, default judgment vacated, and matter remanded for further proceedings.

Given the judicial preference for resolving cases on the merits (see Chevalier v 368 E. 148th St. Assoc., LLC, 80 AD3d 411, 413-414 [2011]), the existence of a possible meritorious defense to plaintiff's small claims action, and the absence of any indication that defendant's isolated default in appearance was willful or deliberate (see Cheri Rest. Inc. v Eoche, 144 AD3d 578, 580 [2016]), we exercise our discretion to relieve defendant of its default.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: April 12, 2017

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