Truglia v. Experian Info. Solutions Inc.

Full title: Joseph TRUGLIA, Plaintiff–Appellant, v. EXPERIAN INFORMATION SOLUTIONS…

Court: Supreme Court, Appellate Term, First Department, New York.

Date published: Jul 24, 2014

44 Misc. 3d 132 (N.Y. App. Term 2014)

2014 N.Y. Slip Op. 51129

997 N.Y.S.2d 670

Opinion

No. 570274/14.

2014-07-24

Joseph TRUGLIA, Plaintiff–Appellant, v. EXPERIAN INFORMATION SOLUTIONS INC., Defendant–Respondent.

PER CURIAM.

Plaintiff, as limited by his brief, appeals from that portion of an order of the Small Claims Part of the Civil Court of the City of New York, New York County (James E. d'Auguste, J.), entered November 7, 2013, which granted defendant's motion to vacate a default judgment.
Present: SHULMAN, J.P., HUNTER, JR., LING–COHAN, JJ. PER CURIAM.

Order (James E. d'Auguste, J.), entered November 7, 2013, affirmed, without costs.

Given the judicial preference for resolving cases on the merits ( see Atkins v. Malota, 1 AD3d 294 [2003], lv dismissed 3 NY3d 703 [2004] ), the existence of a possible meritorious defense to plaintiff's small claims action, and the absence of any indication that defendant's isolated default in appearance was willful, the motion court did not abuse its discretion in granting defendant vacatur relief.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

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