A motion court's discretion over its calendar should not be disturbed absent clear abuse, which is lacking here. (Rodriguez v. Middle Atl. Auto Leasing, 122 A.D.2d 720.) Moreover, this State has adopted a liberal policy with respect to opening defaults so that the parties may have their day in court. (Picinic v Seatrain Lines, 117 A.D.2d 504.)

The record sufficiently shows the existence of reasonable excuse and the existence of a meritorious claim to affirm the discretion exercised by the IAS court. (La Buda v. Brookhaven Mem. Hosp. Med. Center, 98 A.D.2d 711, affd 62 N.Y.2d 1014.)

Concur — Ellerin, J.P., Wallach, Smith and Rubin, JJ.

Summaries of

Bellomo v. Shiffman

Appellate Division of the Supreme Court of New York, First Department

Jan 25, 1990

157 A.D.2d 590 (N.Y. App. Div. 1990)

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Case details for