Oberon Securities LLC v. Parmar

135 A.D.3d 446, 21 N.Y.S.3d 889

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 7, 2016
• Docket: 16571 653654/13
• Status: Published

Opinion

Order, Supreme Court, New York County (Eileen Bransten, J.), entered June 13, 2014, which, to the extent appealed from as limited by the briefs, denied defendants’ motion for a default judgment on their counterclaim, unanimously affirmed, with costs.

The court exercised its discretion in a provident manner in denying defendants’ motion for a default judgment. Plaintiff’s counsel asserted that the delay was due to counsel’s error, and there was no evidence of prejudice to defendants (see Smoke v Windermere Owners, LLC, 109 AD3d 742 [1st Dept 2013]; Spira v New York City Tr. Auth., 49 AD3d 478 [1st Dept 2008]; CPLR 3012 [d]). Furthermore, there is a strong public policy of resolving controversies on the merits (see e.g. Myers v City of New York, 110 AD3d 652 [1st Dept 2013]). We have considered defendants’ remaining arguments and find them unavailing. Concur — Acosta, J.P., Andrias, Manzanet-Daniels and Kapnick, JJ.