Bartra v Coalition of Landlords, Homeowners & Merchants, Inc.

[*1] Bartra v Coalition of Landlords, Homeowners & Merchants, Inc. 2005 NYSlipOp 50363(U) Decided on March 22, 2005 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: March 22, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., COVELLO and TANENBAUM, JJ.
2004-14 S C

Gustav Bartra, Respondent,

against

Coalition of Landlords, Homeowners & Merchants, Inc., Appellant, -and- PAUL PALMERI, Defendant.

Appeal by defendant The Coalition of Landlords, Homeowners & Merchants, Inc. from an order of the Small Claims Part of the District Court, Suffolk County (G. Murphy, J.), entered on November 6, 2003, which denied its motion to vacate a default judgment entered against it.

Order unanimously reversed without costs, motion to vacate default judgment granted and matter remanded to the court below for all further proceedings on condition that within 20 days of the date of the order hereon, defendant Coalition of Landlords, Homeowners & Merchants, Inc., pay to plaintiff the sum of $100; otherwise the order is affirmed without costs.

Upon a review of the record, we find that the moving defendant established a reasonable excuse for the default and a meritorious defense to the action (see CPLR 5015). Moreover, in consideration of the policy of the courts to favor dispositions of claims on the merits, and not by default judgment (see Bell v Toothsavers, Inc., 213 AD2d 199 [1995]), we find that substantial justice warrants vacatur of the default judgment upon the aforementioned conditions.
Decision Date: March 22, 2005