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New Hope Mechanical, Inc v. Emporium Management

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


December 23, 2011

NEW HOPE MECHANICAL, INC.,
RESPONDENT,
v.
EMPORIUM MANAGEMENT,
APPELLANT.

Appeal from an order of the Civil Court of the City of New York, Queens County (Rudolph E. Greco Jr., J.), entered August 17, 2010.

New Hope Mech., Inc. v Emporium Mgt.

Decided on December 23, 2011

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This opinion is uncorrected and will not be published in the printed Official Reports.

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

The order denied defendant's motion to vacate a default judgment.

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

In this action to recover the unpaid balance due on a contract, a review of the record indicates that the Civil Court improvidently exercised its discretion in denying defendant's motion to vacate a default judgment as defendant demonstrated that it had both a reasonable excuse for its default and a meritorious defense (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Accordingly, the order is reversed, defendant's motion to vacate the default judgment is granted and the matter is restored to the trial calendar.

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

Decision Date: December 23, 2011

20111223

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