Opinion
2004-14 SC.
Decided March 22, 2005.
Appeal by defendant The Coalition of Landlords, Homeowners Merchants, Inc. from an order of the Small Claims Part of the District Court, Suffolk County (G. Murphy, J.), entered on November 6, 2003, which denied its motion to vacate a default judgment entered against it.
Order unanimously reversed without costs, motion to vacate default judgment granted and matter remanded to the court below for all further proceedings on condition that within 20 days of the date of the order hereon, defendant Coalition of Landlords, Homeowners Merchants, Inc., pay to plaintiff the sum of $100; otherwise the order is affirmed without costs.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
Upon a review of the record, we find that the moving defendant established a reasonable excuse for the default and a meritorious defense to the action ( see CPLR 5015). Moreover, in consideration of the policy of the courts to favor dispositions of claims on the merits, and not by default judgment ( see Bell v. Toothsavers, Inc., 213 AD2d 199), we find that substantial justice warrants vacatur of the default judgment upon the aforementioned conditions.