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Reem Contr. Corp. v 224 Lafayette St. Corp.
2006 NY Slip Op 50578(U) [11 Misc 3d 139(A)]
Decided on April 10, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 10, 2006
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
Davis, J.P., Schoenfeld, J.
570267/05

Reem Contracting Corp., Plaintiff-Appellant,

against

224 Lafayette St. Corp. and Raul P. Velazquez, Defendants-Respondents.


Plaintiff appeals from an order of Civil Court, New York County (Manuel J. Mendez, J.), dated February 16, 2005, which granted defendants' motion to vacate a default judgment on condition that the judgment stand as security pending the disposition of the action.


PER CURIAM:

Order (Manuel J. Mendez, J.), dated February 16, 2005, affirmed, without costs.

Given the judicial preference for resolving cases on the merits (see Atkins v Malota, 1 AD3d 294 [2003], lv dismissed 3 NY3d 703 [2004]), the showing of a potentially meritorious defense, and the absence of any discernible prejudice to plaintiff, we find no abuse of discretion in the conditional
grant of defendants' motion for vacatur relief (see Poler Contr. v 3311 Shore Parkway Realty Corp., 287 AD2d 607 [2001]).

This constitutes the decision and order of the court.
Decision Date: April 10, 2006