Opinion
04-377, 570580/04.
Decided October 5, 2005.
Plaintiff appeals from an order of Civil Court, New York County, entered August 24, 2004 (Analisa Torres, J.), which denied his motion to vacate a default judgment.
Order entered August 24, 2004 (Analisa Torres, J.) reversed, with $10 costs, motion to vacate the default judgment granted and complaint reinstated.
PRESENT: Suarez, P.J., Gangel-Jacob, Schoenfeld, JJ.
Plaintiff has asserted a meritorious claim as well as a meritorious defense to the counterclaims, and has demonstrated he had no intention to abandon his defense to those counterclaims ( see Goldman v. Cotter, 10 AD3d 289, 291-292). Public policy strongly favors resolution of disputes on their merits, especially where default results from law office failure of which the client may be unaware (CPLR 2005; Picinic v. Seatrain Lines, 117 AD2d 504, 508). There was no prejudice demonstrated from the brief delay between entry of the judgment and plaintiff's motion to vacate the default ( see New York Univ. Hosp. Tisch Inst. v. Merchants Mut. Ins. Co., 15 AD3d 554). Furthermore, plaintiff's failure to disclose, which was the subject of defendant's CPLR 3126 motion for sanctions, was not shown to be willful, contumacious or in bad faith ( see Dauria v. City of New York, 127 AD2d 459, 460).
This constitutes the decision and order of the Court.