| GT Sys. Inc. v Jill Stuart Intl. Ltd. |
| 2005 NY Slip Op 50021(U) |
| Decided on January 14, 2005 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 August 12, 2003 (Eileen A. Rakower, J.) which granted defendant's motion to vacate a default judgment.
PER CURIAM:
Order entered August 12, 2003 (Eileen A. Rakower, J.) affirmed, without costs.
After joinder of issue but before responding to defendant's interrogatories and document demands, plaintiff moved for summary judgment on the complaint. Defendant defaulted on the summary judgment motion, and moved for vacatur relief within six weeks of entry of the default judgment. Given the judicial preference for disposition of cases on the merits (see Atkins v Malota, 1 AD3d 294 [2003], lv dismissed 3 NY3d 701 [1994]), we find no abuse of discretion in the grant of defendant's motion to vacate its unintended default in opposing plaintiff's (premature) motion for summary judgment. Defendant's showing of a potential meritorious defense was sufficient to vindicate its brief default, a default not shown to have caused plaintiff any discernible prejudice (see Consortium Consulting Group v Tsai, 2 AD3d 177 [2003]). [*2]
This constitutes the decision and order of the court.
Decision Date: January 14, 2005