Fadl v Rosada Cab Corp. (2003 NY Slip Op 51650(U))

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Fadl v Rosada Cab Corp.

2003 NY Slip Op 51650(U)

Decided on December 19, 2003

Appellate Term, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the Official Reports.

Decided on December 19, 2003

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS

PRESENT:ARONIN, J.P., PATTERSON and GOLIA, JJ.
NO. 2002-1577 K C

GALAL FADL, Respondent, -

against

ROSADA CAB CORP., Defendant, -and WOODSIDE MANAGEMENT, INC., Appellant.

Appeal by defendant Woodside Management, Inc. from an order of the Civil Court, Kings County (K. Yellen, J.), entered February 20, 2002, which denied its motion to vacate a default judgment entered against it.

Order unanimously reversed without costs, motion to vacate default judgment granted and matter remanded to the court below for all further proceedings.

Upon our review of the record, we find that defendant showed a reasonable excuse for the default, and that the default did not result from any intention on its part to abandon its defense to the action (see CPLR 5015 [a]). Moreover, in consideration of the policy of the courts to favor disposition of claims on the merits, and not by default judgment (see Bell v Toothsavers. Inc., 213 AD2d 199), we find that under the circumstances of this case, substantial justice warrants vacatur of the default judgment.
Decision Date: December 19, 2003