| GT Sys. Inc. Temporary Alternatives Div. v Datasoft Dev. Group |
| 2004 NY Slip Op 51402(U) |
| Decided on November 17, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court, New York County, entered February 19, 2003 (Delores J. Thomas, J.) which granted defendant's motion to vacate a default judgment.
PER CURIAM:
Order entered February 19, 2003 (Delores J. Thomas, J.) affirmed, without costs.
On its motion to vacate its default in submitting an answer to the short-form complaint, defendant was not required to prove its defense, but merely had to set forth facts sufficient to make a prima facie showing of a meritorious defense (see Aerovias De Mexico v Malerba, Downes & Frankel, 265 AD2d 214, 215 [1999]), and it did so through sworn allegations that the vaguely-pleaded temporary employment services underlying the action were provided to a specified entity not named as a party defendant. Given the judicial preference for disposition of cases on their merits (see Atkins v Malota, 1 AD3d 294 [2003]), the absence of willfulness on defendant's part, and the brief delay involved, we find no abuse of discretion in the [*2]grant of vacatur relief to defendant.
This constitutes the decision and order of the court.
Decision Date: November 17, 2004