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Sarita Gonzalez, Respondent v. Queensboro Toyota

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


December 5, 2011

SARITA GONZALEZ, RESPONDENT,
v.
QUEENSBORO TOYOTA, APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Queens County (Terrence C. O'Connor, J.), entered April 12, 2010.

Gonzalez v Queensboro Toyota

Decided on December 5, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: RIOS, J.P., WESTON and GOLIA, 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 damages for defective repairs, defendant failed to appear or answer. Following an inquest, plaintiff was awarded the principal sum of $5,000. Thereafter, defendant moved to vacate the default judgment and restore the case to the trial calendar, which motion the Civil Court denied by order entered April 12, 2010.

Under the particular circumstances of this case, we find that substantial justice between the parties requires that defendant's motion be granted (see CCA 1807 [a]).

Rios, J.P., Weston and Golia, JJ., concur.

Decision Date: December 05, 2011

20111205

© 1992-2011 VersusLaw Inc.



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