Plaintiff appeals from an order of the Civil Court, Bronx County (Nelida Malave, J.), entered July 5, 2005, which granted defendant's motion for renewal, and upon renewal, vacated defendant's default on condition that defendant pay plaintiff $250.

PER CURIAM

Order (Nelida Malave, J.), entered July 5, 2005, modified to increase the amount to which plaintiff is entitled to $750, and as modified, affirmed without costs.

In light of the strong policy to resolve cases on their merits, we find no abuse of discretion in the vacatur of the within default judgment upon defendant's showing of an unintentional failure to appear at trial and to attach the relevant denial of claim form to its initial motion to vacate the default, lack of prejudice to plaintiff, and the existence of a potentially meritorious defense (Eugene Di Lorenzo, Inc. v AC Dutton Lumber, 67 NY2d 138, 141 [1986]). We agree with Civil Court that, as a condition to the vacatur of the default, plaintiff should be compensated for the inconvenience caused by defendant's non-appearance and deficient motion papers. Moreover, under the circumstances of this case, we find that, in order to adequately compensate plaintiff, the amount should be increased to $750.
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: December 19, 2005