Opinion
570167/04.
Decided October 21, 2004.
Plaintiff appeals from an order of the Civil Court, New York County, dated December 16, 2003 (Cynthia S. Kern, J.) which granted defendant's motion to vacate a default judgment.
Order dated December 16, 2003 (Cynthia S. Kern, J.) affirmed, without costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.
The motion court appropriately vacated the defendant's brief and unintended default in appearing at a preliminary conference, in view of the strong policy preference for resolving disputes on the merits ( see Atkins v. Malota, 1 AD3d 294) and defendant's showing of a potentially meritorious defense to the action. Concerning the merits, defendant, through its president, provided a facially valid explanation for not paying the invoices sued upon and sufficiently raised triable issues as to whether it timely objected to the invoices and/or rejected the allegedly nonconforming goods ( see Frutarom, Ltd. v. Flavormatic Indus., Inc., 237 AD2d 487; cf. Merrill/New York Co. v. Celerity Sys., Inc., 300 AD2d 206).
This constitutes the decision and order of the court.