Opinion
April 5, 1993
Appeal from the Supreme Court, Nassau County (Burke, J.).
Ordered that the order is affirmed insofar as appealed from, with costs, and the defendant's answer is deemed served.
Contrary to the plaintiff's contention, the Supreme Court did not improvidently exercise its discretion in vacating the defendant's default in answering the complaint. The defendant's answer was served only one day after its time to answer had expired (see, CPLR 308). In view of the very short period of delay, the absence of any prejudice to the plaintiff, the existence of a possible meritorious defense, the lack of willfulness on the part of the defendant, and the public policy in favor of resolving cases on the merits, we find that the defendant's motion to vacate its default was properly granted (see, Albin v First Nationwide Network Mtge. Co., 188 A.D.2d 575; I.J. Handa, P.C. v Imperato, 159 A.D.2d 484; Two Catherine St. Mgt. Co. v Yam Keung Yeung, 153 A.D.2d 678; Mulder v Rockland Armor Metal Corp., 140 A.D.2d 315). Balletta, J.P., Eiber, Ritter and Santucci, JJ., concur.