Opinion
Decided November 17, 2004.
Plaintiff appeals from an order of the Civil Court, New York County, entered February 19, 2003 (Delores J. Thomas, J.) which granted defendant's motion to vacate a default judgment.
Order entered February 19, 2003 (Delores J. Thomas, J.) affirmed, without costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM P. McCOOE, HON. PHYLLIS GANGEL-JACOB, Justices.
On its motion to vacate its default in submitting an answer to the short-form complaint, defendant was not required to prove its defense, but merely had to set forth facts sufficient to make a prima facie showing of a meritorious defense ( see Aerovias De Mexico v. Malerba, Downes Frankel, 265 AD2d 214, 215), and it did so through sworn allegations that the vaguely-pleaded temporary employment services underlying the action were provided to a specified entity not named as a party defendant. Given the judicial preference for disposition of cases on their merits ( see Atkins v. Malota, 1 AD3d 294), the absence of willfulness on defendant's part, and the brief delay involved, we find no abuse of discretion in the grant of vacatur relief to defendant.
This constitutes the decision and order of the court.