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Carlo v. Rodriguez

Appellate Term of the Supreme Court of New York, Second Department
Mar 3, 2011
2011 N.Y. Slip Op. 50330 (N.Y. App. Term 2011)

Opinion

2010-474 K C.

Decided March 3, 2011.

Appeal from an order of the Civil Court of the City of New York, Kings County (Robin D. Garson, J.), entered December 21, 2009. The order denied defendant's motion to vacate a default judgment and restore the case to the trial calendar.

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

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


In this small claims action to recover a security deposit, defendant failed to appear or answer, and, following an inquest, plaintiff was awarded the principal sum of $2,790. Thereafter, the Civil Court denied a motion by defendant to vacate the default judgment and restore the case to the trial calendar.

Upon a review of the record, we find that defendant demonstrated a reasonable excuse for her default as well as a meritorious defense to the action ( see CPLR 5015 [a] [1]; Euguene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141). Accordingly, the order is reversed and defendant's motion is granted.

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


Summaries of

Carlo v. Rodriguez

Appellate Term of the Supreme Court of New York, Second Department
Mar 3, 2011
2011 N.Y. Slip Op. 50330 (N.Y. App. Term 2011)
Case details for

Carlo v. Rodriguez

Case Details

Full title:MAXIMO CARLO, Respondent, v. THERESA RODRIGUEZ, Appellant

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Mar 3, 2011

Citations

2011 N.Y. Slip Op. 50330 (N.Y. App. Term 2011)