Ferguson v Hess Corp.

Ferguson v Hess Corp. 2011 NY Slip Op 08478 Decided on November 22, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 22, 2011
Tom, J.P., Saxe, Sweeny, Richter, Manzanet-Daniels, JJ.
6127N 106855/09

[*1]Zoe Ferguson, Plaintiff-Respondent,

v

Hess Corporation, Defendant, ABRO Management Corp., et al., Defendants-Appellants.




Newman Myers Kreines Gross Harris, P.C., New York
(Adrienne Yaron of counsel), for appellants.
The Perecman Firm, P.L.L.C., New York (Peter D. Rigelhaupt
of counsel), for respondent.

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered March 29, 2011, which, in this personal injury action, granted plaintiff's motion to, among other things, vacate an order, same court and Justice, entered on default on August 17, 2010, granting the motion of defendants-appellants to strike plaintiff's complaint for failure to comply with discovery, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in vacating plaintiff's 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 plaintiff's motion to renew.

We have considered defendants' remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 22, 2011

CLERK