Opinion
10-20-2016
MARBRU ASSOCIATES, et al., Plaintiffs–Appellants, v. William J. WHITE, et al., Defendants–Respondents.
Kaufman Friedman Plotnicki & Grun, LLP, New York (Howard Grun of counsel), for appellants. Hyman Silverglad, New York (Hyman Silverglad of counsel), for respondents.
Kaufman Friedman Plotnicki & Grun, LLP, New York (Howard Grun of counsel), for appellants.
Hyman Silverglad, New York (Hyman Silverglad of counsel), for respondents.
Order and judgment (one paper), Supreme Court, New York County (Manuel J. Mendez, J.), entered May 27, 2015, which granted defendants' motion to vacate their default and the ensuing judgment awarding plaintiffs arrears of use and occupancy and possession, unanimously affirmed, without costs.
The motion court providently exercised its discretion in granting vacatur in the interests of substantial justice (see Woodson v. Mendon Leasing Corp., 100 N.Y.2d 62, 68, 760 N.Y.S.2d 727, 790 N.E.2d 1156 [2003] ), even though defendants' default was unexplained (see New Media Holding Co. LLC v. Kagalovsky, 97 A.D.3d 463, 465, 949 N.Y.S.2d 22 [1st Dept.2012] ). The relief was justified by defendants' payment of substantially all of the amount due just two months after the order and judgment they sought to vacate; plaintiffs do not claim prejudice (see Gluck v. McDonough, 139 A.D.3d 628, 33 N.Y.S.3d 36 [1st Dept.2016] ).
MAZZARELLI, J.P., ACOSTA, RICHTER, KAPNICK, GESMER, JJ., concur.