Gonzalez v. Queensboro Toyota

Full title: Sarita Gonzalez, Respondent, v. Queensboro Toyota, Appellant.

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Dec 5, 2011

2011 N.Y. Slip Op. 52207 (N.Y. App. Term 2011)

Opinion

2010-1401 Q C

12-05-2011

Sarita Gonzalez, Respondent, v. Queensboro Toyota, Appellant.

RIOS

PRESENT: : , J.P., WESTON and GOLIA, JJ

Appeal from an order of the Civil Court of the City of New York, Queens County (Terrence C. O'Connor, J.), entered April 12, 2010. 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.

In this small claims action to recover damages for defective repairs, defendant failed to appear or answer. Following an inquest, plaintiff was awarded the principal sum of $5,000. Thereafter, defendant moved to vacate the default judgment and restore the case to the trial calendar, which motion the Civil Court denied by order entered April 12, 2010.

Under the particular circumstances of this case, we find that substantial justice between the parties requires that defendant's motion be granted (see CCA 1807 [a]).

Rios, J.P., Weston and Golia, JJ., concur.