Guzy v Bellmarc Brokerage Ltd.

[*1] Guzy v Bellmarc Brokerage Ltd. 2014 NY Slip Op 50145(U) Decided on February 6, 2014 Appellate Term, First 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 6, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ
570641/13.

Brian Guzy, Plaintiff-Respondent, - -

against

Bellmarc Brokerage Ltd., Neil Binder, Jo-Anne Sinnott and Lisa Strobing, Defendants-Appellants.

Defendants appeal from an order of the Civil Court of the City of New York, New York County (Frank P. Nervo, J.), entered August 15, 2012, which denied their motion to vacate the default judgment.

Per Curiam.

Order (Frank P. Nervo, J.), entered August 15, 2012, affirmed, with $10 costs, and without prejudice to defendants' right, if so advised, to renew their motion to vacate the default judgment on proper papers.

Defendants' motion to vacate the default judgment, though expeditiously made and accompanied by a sufficient showing of a reasonable excuse for its short-lived default, was properly denied in the absence of an affidavit based on personal knowledge establishing a potentially meritorious defense to the action. Given the strong policy favoring resolution of cases on the merits (see Chevalier v 368 E. 148th St. Assoc., LLC, 80 AD3d 411, 413—414 [2011]), and plaintiff's blunderbuss approach of naming multiple defendants and alleging various wrongs in his endorsed complaint, we afford defendants a further opportunity to seek vacatur relied (see Collado v Quinones, 52 AD2d 534 [1976]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 06, 2014