JO SIMONS STUDIOS v. KARIN MODELS, LLC

Full title: JO SIMONS STUDIOS, Plaintiff-Appellant, v. KARIN MODELS, LLC…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Oct 5, 2006

2006 N.Y. Slip Op. 51891 (N.Y. App. Term 2006)

Opinion

570377/06.

Decided October 5, 2006.

Plaintiff appeals from an order of the Civil Court, New York County (Shlomo S. Hagler, J.), entered April 11, 2005, which granted defendant's motion to vacate a default judgment, and from an order (same Court and Judge) entered July 5, 2005, which denied plaintiff's motion for renewal.

Orders (Shlomo S. Hagler, J.), entered April 11, 2005 and July 5, 2005, affirmed, with $10 costs.

PRESENT: McKEON, P.J., McCOOE, DAVIS, JJ

PER CURIAM

Defendant's motion to vacate its default was properly granted ( see Crespo v. A.D.A. Management, 292 AD2d 5). Defendant has satisfactorily shown a reasonable excuse for its failure to appear at trial by submitting evidence that its controller, who was responsible for obtaining trial counsel, experienced health problems which prevented her from properly attending to this matter. Defendant also demonstrated the existence of a potentially meritorious defense.

This constitutes the decision and order of the court.

I concur.