Naraine v Clinton Hill Apts. Owners Corp.

[*1] Naraine v Clinton Hill Apts. Owners Corp. 2004 NY Slip Op 51623(U) Decided on December 14, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 14, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: December 14, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., PATTERSON and RIOS, JJ.
2004-323 K C

DEODAT NARAINE and ROOKMIN NARAINE, Appellants,

against

CLINTON HILL APTS. OWNERS CORP., Respondent.

Appeal by plaintiffs from an order of the Civil Court, Kings County (E. Prus, J.), entered January 9, 2004, conditionally granting defendant's motion to vacate a default judgment.

Order unanimously affirmed without costs.

In the circumstances of this matter, the court below providently exercised its discretion in conditionally vacating defendant's default and restoring the matter to the trial calendar (CPLR 5015 [a] [3]; see e.g. Scarlett v McCarthy, 2 AD3d 623 [2003]; Eastern Resource Serv. v Mountbatten Sur. Co., 289 AD2d 283 [2001]).
Decision Date: December 14, 2004