[*1]
Tannenbaum v Jones
2004 NY Slip Op 50801(U)
Decided on July 1, 2004
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on July 1, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
570083/04

PEARL TANNENBAUM, Plaintiff-Appellant,

against

SYLVIA JONES, Defendant-Respondent.


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.


PER CURIAM:

Order dated December 4, 2003 (Raul Cruz, J.) affirmed, without costs.

Given the judicial preference for disposition of cases on the merits (see Atkins v Malota, 1 AD3d 294 [2003]), 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.