Zeccola & Selinger, LLC v. Harvey Horowitz
Opinion of the Court
Furthermore, the Supreme Court providently exercised its discretion in granting those branches of the defendants’ motion which were to vacate their default in appearing or answering and to compel acceptance of their answer (see CPLR 3012 [d]). In light of the lack of any prejudice to the plaintiff resulting from the minimal delay by the individual defendants, after appearing, in serving an answer to the complaint, and the short delay by the corporate defendant in appearing and answering the complaint, the lack of willfulness on the part of the defendants, the existence of potentially meritorious defenses, and the public policy favoring the resolution of cases on the merits, the defendants’ default in appearing or answering were properly excused (see CPLR 2004; Zanelli v JMM Raceway, LLC, 83 AD3d 697 [2011]; Feder v Eline Capital Corp., 80 AD3d 554, 555 [2011]; Verde Elec. Corp. v Federal Ins. Co., 50 AD3d 672 [2008]; Stuart v Kushner, 39 AD3d 535 [2007]). Skelos, J.P, Angiolillo, Lott and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.