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Maximo Carlo v. Theresa Rodriguez

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS


March 3, 2011

MAXIMO CARLO,
RESPONDENT,
v.
THERESA RODRIGUEZ,
APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin D. Garson, J.), entered December 21, 2009.

Carlo v Rodriguez

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This opinion is uncorrected and will not be published in the printed Official Reports.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 3, 2011

PRESENT: PESCE, P.J., GOLIA and STEINHARDT, JJ .

The order denied defendant's motion to vacate a default judgment and restore the case to the trial calendar.

ORDERED that the order is reversed, without costs, and defendant's motion to vacate the default judgment and restore the case to the trial calendar is granted.

In this small claims action to recover a security deposit, defendant failed to appear or answer, and, following an inquest, plaintiff was awarded the principal sum of $2,790. Thereafter, the Civil Court denied a motion by defendant to vacate the default judgment and restore the case to the trial calendar.

Upon a review of the record, we find that defendant demonstrated a reasonable excuse for her default as well as a meritorious defense to the action (see CPLR 5015 [a] [1]; Euguene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Accordingly, the order is reversed and defendant's motion is granted.

Pesce, P.J., Golia and Steinhardt, JJ., concur.

Decision Date: March 03, 2011

20110303

© 1992-2011 VersusLaw Inc.



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