Kelly v. Effects

Full title: Elizabeth Kelly, Respondent, v. Paint Effects and Robert Jenkins…

Court: SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

Date published: Dec 1, 2015

2015 N.Y. Slip Op. 51764 (N.Y. App. Term 2015)

29 N.Y.S.3d 847

Opinion

2013-2775 S C

12-01-2015

Elizabeth Kelly, Respondent, v. Paint Effects and Robert Jenkins, Appellants.

MARANO, P.J., GARGUILO and CONNOLLY, JJ.

PRESENT: :

Appeal from an order of the Justice Court of the Town of East Hampton, Suffolk County (Lisa R. Rana, J.), entered November 2, 2013. The order denied defendants' motion to vacate a default judgment.

ORDERED that the order is reversed, without costs, and defendants' motion to vacate the default judgment is granted.

In this action to recover for breach of contract, a review of the record indicates that the Justice Court improvidently exercised its discretion in denying defendants' motion to vacate their default judgment, as defendants demonstrated that they had both a reasonable excuse for their default and a meritorious defense (see CPLR 5015 [a] [1]; Gerdes v Canales, 74 AD3d 1017 [2010]; Zimet v Bufano, 65 AD3d 1037 [2009]).

Accordingly, the order is reversed and defendants' motion to vacate the default judgment is granted.

Marano, P.J., Garguilo and Connolly, JJ., concur.

Decision Date: December 01, 2015