Opinion
570083/04.
Decided July 1, 2004.
Plaintiff appeals from an order of the Small Claims Part of the Civil Court, Bronx County, dated December 4, 2003 (Raul Cruz, J.) which granted defendant's motion to vacate a default judgment.
Order dated December 4, 2003 (Raul Cruz, J.) affirmed, without costs.
PRESENT: HON. LUCINDO SUAREZ, P.J., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.
Given the judicial preference for disposition of cases on the merits ( see Atkins v. Malota, 1 AD3d 294), the existence of a possible meritorious defense to plaintiff's vaguely stated small claim, and the absence of any indication that defendant's default was willful, the motion court did not abuse its discretion in granting defendant vacatur relief.
This constitutes the decision and order of the court.