Opinion
2008-1838 Q C.
Decided October 19, 2009.
Appeal from an order of the Civil Court of the City of New York, Queens County (Carolyn E. Wade, J.), dated May 23, 2008. The order granted defendant Aleksandr Fostik's motion to vacate a default judgment.
ORDERED that the order is affirmed without costs.
PRESENT: PESCE, P.J., WESTON and RIOS, JJ.
In this subrogation action to recover monies plaintiff paid for property damage, defendants failed to timely appear or answer and, in February 2005, a default judgment was entered against them. Pursuant to a stipulation entered into in January 2006, the default judgment was vacated as to defendant Aleksandr Fostik, and Fostik subsequently served and filed his answer. The case was then adjourned for trial, at which Fostik failed to appear. The default judgment was thereafter reinstated. Fostik subsequently moved to vacate the default judgment, which motion was granted by order dated May 23, 2008. The instant appeal by plaintiff ensued.
Plaintiff's sole contention on appeal is that Fostik failed to demonstrate a reasonable excuse for the default. Upon a review of the record, we find that the Civil Court did not improvidently exercise its discretion in finding that such an excuse was established. Moreover, we note that public policy favors the resolution of cases on the merits ( see Bunch v Dollar Budget, Inc., 12 AD3d 391). Accordingly, the order is affirmed.
Pesce, P.J., Weston and Rios, JJ., concur.