Diggs v Karen Manor Assoc. LLC
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Diggs v Karen Manor Assoc. LLC 2012 NY Slip Op 33570(U) September 28, 2012 Sup Ct, Bronx County Docket Number: 24963/2001 Judge: Julia I. Rodriguez Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various state and local government websites. These include the New York State Unified Court System's E-Courts Service, and the Bronx County Clerk's office. This opinion is uncorrected and not selected for official publication. [* 1] FILED Oct 03 2012 Bronx County Clerk /;UPR~Mif'couRT STATE OF NEW YORK L,_s9.Hl~TY OF BRONX IA- PART 27 Present: JULIA I. RODRIGUEZ, JSC Index No.: 24963/200 I JOHN DIGGS, DECISION & ORDER Plaintiff, -against- BRONr OC1 - 3 Z0\2. KAREN MANOR ASSOCJA TES LLC and LA PLACJT A LATINA, Defendant, Kaieia),.411.flO't:~::...::~· · .:"./ ":c.'c'!.Jf_ Recitation, as required by CPLR 2219 (a), of the papers considered in review of Defendant Associates's motion to vacate default noticed on April 19, 2012 and submitted on May 7, 20Y:f ..... Numbered Papers Submitted I 2 3 Motion & Exhibits Opposition Reply Upon the foregoing papers, motion by Defendant Karen Manor Associates, LLC for an Order vacating its default is granted. Vacating a default judgment is proper upon a showing of excusable default and a meritorious defense to the underlying action. see, Peacock v. Kalikow, 239 A.D.2d 188 (1997). Furthermore, "it is strong policy that matters be disposed of on the merits in the absence of real prejudice to the plaintiff." Moran v. Kynar, 39 A.D.2d 718 (2"d Dept. 1972). Defendant alleges that it never received service of process, even though the Secretary of State was informed of the proper mailing address for service. rt$ defense is that the accident occurred inside co-defendant's store where co-defendant is responsible. The court accepts Defendant's excuse and defense and finds that there is no real prejudice, except for the passage of time. However, part of the problem was Plaintiff's delay in settling Order, moving for inquest and entering judgment. The defendant's motion is hereby granted to the extent that the default judgment rendered against defendant in this action is hereby vacated. Defendant shall serve Plaintiff an Answer, along with a copy ofthis:pecision with Notice of Entry. Upon entry of this Order, the court clerk is to restore this actio~the active calendar. Dated: September 28, 2012 Hon. Julia 1. Rodriguez, J.S.C
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