Polizzotto v. Ultra Express Coach, Inc.

Appellate Division of the Supreme Court of New York

Polizzotto v. Ultra Express Coach, Inc.

220 A.D.2d 568, 633 N.Y.S.2d 972, 1995 N.Y. App. Div. LEXIS 10329

Appellate Division of the Supreme Court of the State of New York·Decided October 16, 1995·Published·Cited by 5 cases

Opinion

—In an action to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Kings County (Ramirez^ J.), dated December 17, 1993, which granted the defendant’s motion to vacate a default judgment entered September 16, 1993.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs’ contention, the Supreme Court did not improvidently exercise its discretion in granting the defendant’s motion to vacate a judgment entered upon its default in answering the complaint. In view of the relatively short period of delay, the absence of any claim of prejudice to the plaintiffs, the existence of a possible meritorious defense, the absence of any willfulness on the defendant’s part, and the public policy in favor of resolving cases on the merits, the defendant’s motion to vacate its default was properly granted (see, Robles v Grace Episcopal Church, 192 AD2d 515). Rosenblatt, J. P., Miller, Ritter and Friedmann, JJ., concur.

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—In an action to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Kings County (Ramirez^ J.), dated December 17, 1993, which granted the defendant’s motion to vacate a default judgment entered September 16, 1993.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs’ contention, the Supreme Court did not improvidently exercise its discretion in granting the defendant’s motion to vacate a judgment entered upon its default in answering the complaint. In view of the relatively short period of delay, the absence of any claim of prejudice to the plaintiffs, the existence of a possible meritorious defense, the absence of any willfulness on the defendant’s part, and the public policy in favor of resolving cases on the merits, the defendant’s motion to vacate its default was properly granted (see, Robles v Grace Episcopal Church, 192 AD2d 515). Rosenblatt, J. P., Miller, Ritter and Friedmann, JJ., concur.

Polizzotto v. Ultra Express Coach, Inc., 220 A.D.2d 568, 633 N.Y.S.2d 972, 1995 N.Y. App. Div. LEXIS 10329 (N.Y. Ct. App. 1995).

Pincite

220 A.D.2d 568 (Polizzotto v. Ultra Express Coach, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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