Opinion
2007-426 K C.
Decided February 29, 2008.
Appeal from an order of the Civil Court of the City of New York, Kings County (Lila Gold, J.), entered January 3, 2007. The order denied defendant's motion to vacate a judgment entered on default.
Order reversed without costs, defendant's motion to vacate the default judgment granted, and action and counterclaim reinstated.
PRESENT: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ.
In this small claims action, defendant appeals from an order which denied his motion to vacate a judgment entered on default. The judgment awarded plaintiff a total sum of $2,245 and dismissed his counterclaims. Defendant's moving papers established the requisite excusable default and meritorious defense or counterclaim to warrant granting the relief requested (CPLR 5015 [a] [1]; Glanville v Lets Care Again Daycare, Inc., 40 AD3d 580; Watson v New York City Tr. Auth., 38 AD3d 532), particularly in light of the strong public policy of resolving cases on the merits ( 2M Realty Corp. V Boehm, 13 AD3d 361). Accordingly, the order appealed from is reversed and the judgment entered on default is vacated.
Pesce, P.J., Weston Patterson and Golia, JJ., concur.