Opinion
2004-96 NC.
Decided September 22, 2004.
Appeal by plaintiff from a small claims judgment of the District Court, Nassau County (S. Pardes, J.), entered July 23, 2003, in favor of defendants dismissing the action.
Judgment unanimously affirmed without costs.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
In this small claims action, plaintiff seeks to recover the cost of vacation vouchers she purchased from defendants, claiming that she did not receive sufficient disclosure regarding blackout dates which restricted the use of the vouchers. A review of the small claims trial indicates that substantial justice was done between the parties according to the rules and principles of substantive law ( see UDCA 1807; Moses v. Randolph, 236 AD2d 706, 707). We note that the lower court did not abuse its discretion in granting defendants' motion to vacate a judgment previously entered on default as defendants' moving papers established both an excusable default and a meritorious defense ( see Berry v. Aquila Realty Co., 6 AD3d 563).