[*1]
Viloria v Bell
2005 NY Slip Op 51672(U) [9 Misc 3d 135(A)]
Decided on October 20, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 20, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM P. McCOOE, J.P.,
HON. PHYLLIS GANGEL-JACOB,
HON. MARTIN SCHOENFELD, , Justices.


Hugo Viloria,NY County Clerk's No. 570310/05 Plaintiff-Appellant, Calendar No. 05-208

against

William Bell, Defendant-Respondent.


Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, Bronx County, entered on or about January 13, 2005 after trial (Raul Cruz, J.), in favor of defendant dismissing the action.


PER CURIAM

Judgment entered on or about January 13, 2005 (Raul Cruz, J.) affirmed, without costs.

In this action for property damages arising from a two-car collision, we find that the judgment in defendant's favor achieved substantial justice in accordance with the rules and principles of substantive law (UJCA 1804, 1807). There is no basis to disturb the court's determination which rests in large measure on considerations relating to the credibility of witnesses (see Williams v Roper, 269 AD2d 125, appeal dismissed, 95 NY2d 898 [2000]). Given the preference for disposing of cases on the merits, the court providently exercised its discretion in vacating defendant's default where he demonstrated a reasonable excuse for the default and a meritorious defense (see Atkins v Malota, 1 AD3d 294 [2003], appeal dismissed 3 NY3d 701 [2004]).

This constitutes the decision and order of this court.
I concur [*2]
Decision Date: October 20, 2005