S.A. Fink, Inc. v Olympia Consulting Corp.

[*1] S.A. Fink, Inc. v Olympia Consulting Corp. 2015 NY Slip Op 51081(U) Decided on July 14, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 14, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., MARANO and GARGUILO, JJ.
2013-2118 S C

S.A. Fink, Inc. Doing Business as S.A. FINK ASSOCIATES, Respondent,

against

Olympia Consulting Corp. Doing Business as CAMPARI RESTAURANT, Appellant.

Appeal from an order of the District Court of Suffolk County, First District (Vincent J. Martorana, J.), dated June 26, 2013. The order granted plaintiff's motion to vacate its default in appearing at a court conference and to restore the action to the trial calendar.

ORDERED that the order is affirmed, without costs.

Plaintiff commenced this breach of contract action to recover the principal sum of $10,605 allegedly due based on plaintiff's installation of a new air conditioning unit in defendant's restaurant. Defendant interposed four counterclaims, alleging that plaintiff had breached the agreement by failing to properly install a functioning air conditioning unit. Defendant appeals from an order of the District Court, dated June 26, 2013, which granted plaintiff's motion to vacate its default in appearing at a court conference on April 8, 2013 and to restore the action to the trial calendar.

Upon a review of the record, we find that the District Court did not improvidently exercise its discretion in granting plaintiff's motion since plaintiff demonstrated that it had a reasonable excuse for its default in appearance, a potentially meritorious cause of action, and a potentially meritorious defense to defendant's counterclaims (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; Citicorp Trust Bank, FSB v Makkas, 127 AD3d 907 [2015]).

Accordingly, the order is affirmed.

Iannacci, J.P., Marano and Garguilo, JJ., concur.

Decision Date: July 14, 2015