Opinion
No. 2013–2118 S C.
07-14-2015
S.A. FINK, INC. Doing Business as S.A. Fink Associates, Respondent, v. OLYMPIA CONSULTING CORP. Doing Business as Campari Restaurant, Appellant.
Opinion
Appeal from an order of the District Court of Suffolk County, First District (Vincent J. Martorana, J.), dated June 26, 2013. The order granted plaintiff's motion to vacate its default in appearing at a court conference and to restore the action to the trial calendar.
ORDERED that the order is affirmed, without costs.
Plaintiff commenced this breach of contract action to recover the principal sum of $10,605 allegedly due based on plaintiff's installation of a new air conditioning unit in defendant's restaurant. Defendant interposed four counterclaims, alleging that plaintiff had breached the agreement by failing to properly install a functioning air conditioning unit. Defendant appeals from an order of the District Court, dated June 26, 2013, which granted plaintiff's motion to vacate its default in appearing at a court conference on April 8, 2013 and to restore the action to the trial calendar.
Upon a review of the record, we find that the District Court did not improvidently exercise its discretion in granting plaintiff's motion since plaintiff demonstrated that it had a reasonable excuse for its default in appearance, a potentially meritorious cause of action, and a potentially meritorious defense to defendant's counterclaims (see CPLR 5015[a][1] ; Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986] ; Citicorp Trust Bank, FSB v. Makkas, 127 AD3d 907 [2015] ).
Accordingly, the order is affirmed.
IANNACCI, J.P., MARANO and GARGUILO, JJ., concur.