Opinion
01-07-2016
OBERON SECURITIES LLC, Plaintiff–Respondent, v. Paul PARMAR, et al., Defendants–Appellants.
Robinson Brog Leinwand Greene Genovese & Gluck, P.C., New York (Andrew T. Lolli of counsel), for appellants. Sher Tremonte LLP, New York (Robert N. Knuts of counsel), for respondent.
Robinson Brog Leinwand Greene Genovese & Gluck, P.C., New York (Andrew T. Lolli of counsel), for appellants.
Sher Tremonte LLP, New York (Robert N. Knuts of counsel), for respondent.
Order, Supreme Court, New York County (Eileen Bransten, J.), entered June 13, 2014, which, to the extent appealed from as limited by the briefs, denied defendants' motion for a default judgment on their counterclaim, unanimously affirmed, with costs
The court exercised its discretion in a provident manner in denying defendants' motion for a default judgment. Plaintiff's counsel asserted that the delay was due to counsel's error, and there was no evidence of prejudice to defendants (see Smoke v. Windermere Owners, LLC, 109 A.D.3d 742, 971 N.Y.S.2d 698 [1st Dept.2013] ; Spira v. New York City Tr. Auth., 49 A.D.3d 478, 854 N.Y.S.2d 134 [1st Dept.2008] ; CPLR 3012[d] ). Furthermore, there is a strong public policy of resolving controversies on the merits (see e.g. Myers v. City of New
York, 110 A.D.3d 652, 974 N.Y.S.2d 243 [1st Dept.2013] ). We have considered defendants' remaining arguments and find them unavailing.
ACOSTA, J.P., ANDRIAS, MANZANET–DANIELS, KAPNICK, JJ., concur.