Wharton v Douglas

[*1] Wharton v Douglas 2008 NY Slip Op 50506(U) [19 Misc 3d 127(A)] Decided on February 29, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 29, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON PATTERSON and GOLIA, JJ
2007-426 K C.

Norma Wharton, Respondent,

against

Orlando Douglas, Appellant.

Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered January 3, 2007. The order denied defendant's motion to vacate a judgment entered on default.

Order reversed without costs, defendant's motion to vacate the default judgment granted, and action and counterclaim reinstated.

In this small claims action, defendant appeals from an order which denied his motion to vacate a judgment entered on default. The judgment awarded plaintiff a total sum of $2,245 and dismissed his counterclaims. Defendant's moving papers
established the requisite excusable default and meritorious defense or counterclaim to warrant granting the relief requested (CPLR 5015 [a] [1]; Glanville v Lets Care Again Daycare, Inc., 40 AD3d 580 [2007]; Watson v New York City Tr. Auth., 38 AD3d 532 [2007]), particularly in light of the strong public policy of resolving cases on the merits (2M Realty Corp. V Boehm, 13 AD3d 361 [2004]). Accordingly, the order appealed from is reversed and the judgment entered on default is vacated.

Pesce, P.J., Weston Patterson and Golia, JJ., concur.
Decision Date: February 29, 2008