OPM Group Ltd. v. Williams

Appellate Division of the Supreme Court of New York

OPM Group Ltd. v. Williams

29 A.D.3d 354, 813 N.Y.S.2d 656

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 9, 2006

StatusPublished

This text of 29 A.D.3d 354 (OPM Group Ltd. v. Williams) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

OPM Group Ltd. v. Williams, 29 A.D.3d 354, 813 N.Y.S.2d 656 (N.Y. Ct. App. 2006).

Pincite

Opinion

[355]*355Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered April 22, 2005, which, insofar as appealed from, granted defendant’s motion to vacate a default judgment, unanimously affirmed, without costs.

Defendant’s attorney represents that a week or two prior to the January 28, 2005 return date of plaintiff’s motion for a default judgment, he and plaintiffs attorney orally agreed over the phone to adjourn the return date until March 2, 2005. Plaintiffs attorney admits the phone conversation but represents that the oral agreement was for an extension of defendant’s time to answer until February 2, 2005. The motion court granted the motion for a default judgment on default on February 2; the default judgment was entered on February 4 and served with notice of entry on February 10; defendant filed his answer on March 1, and, after its rejection by plaintiff, made the instant motion to vacate on March 9. Under the circumstances, and in the absence of any argument by plaintiff that defendant lacks a meritorious defense or that the delay caused it prejudice, vacatur of the default was a proper exercise of discretion (cf. Travelers Ins. Co. v Abelow, 14 AD3d 395 [2005] [miscalendaring court conference excusable law office failure]; Andino v DeJesus, 15 AD3d 259 [2005] [strong policy preference for disposing of cases on the merits]). Concur—Andrias, J.P., Sullivan, Williams, Sweeny and McGuire, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

[355]*355Order, Supreme Court, Bronx County (Yvonne Gonzalez, J.), entered April 22, 2005, which, insofar as appealed from, granted defendant’s motion to vacate a default judgment, unanimously affirmed, without costs.

Defendant’s attorney represents that a week or two prior to the January 28, 2005 return date of plaintiff’s motion for a default judgment, he and plaintiffs attorney orally agreed over the phone to adjourn the return date until March 2, 2005. Plaintiffs attorney admits the phone conversation but represents that the oral agreement was for an extension of defendant’s time to answer until February 2, 2005. The motion court granted the motion for a default judgment on default on February 2; the default judgment was entered on February 4 and served with notice of entry on February 10; defendant filed his answer on March 1, and, after its rejection by plaintiff, made the instant motion to vacate on March 9. Under the circumstances, and in the absence of any argument by plaintiff that defendant lacks a meritorious defense or that the delay caused it prejudice, vacatur of the default was a proper exercise of discretion (cf. Travelers Ins. Co. v Abelow, 14 AD3d 395 [2005] [miscalendaring court conference excusable law office failure]; Andino v DeJesus, 15 AD3d 259 [2005] [strong policy preference for disposing of cases on the merits]). Concur—Andrias, J.P., Sullivan, Williams, Sweeny and McGuire, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

29 A.D.3d 354, 813 N.Y.S.2d 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/opm-group-ltd-v-williams-nyappdiv-2006.

Opinion

Related

Cite This Page — Counsel Stack