Watt v Spencer (2007 NY Slip Op 00080)

Watt v Spencer

2007 NY Slip Op 00080 [36 AD3d 440]

January 9, 2007

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, March 14, 2007

Ed Watt, as Financial Secretary-Treasurer of Local 100, Transport Workers Union of Greater New York, Appellant,
v
Carl Spencer, Respondent.

—[*1] Schwartz, Lichten & Bright, P.C., New York (Daniel R. Bright of counsel), for appellant. Carl Spencer, respondent pro se.

Order, Supreme Court, New York County (Edward H. Lehner, J.), entered March 1, 2006, which, inter alia, granted defendant's motion to vacate his default in answering the amended complaint, unanimously affirmed, without costs.

In light of the strong policy of the courts in favor of deciding cases on their merits (see Dokmecian v ABN AMRO N. Am., 304 AD2d 445 [2003]), the motion court did not improvidently exercise its discretion in accepting defendant's affidavit showing a potentially meritorious defense and counsel's reasonable excuse for the default (see Fidelity & Deposit Co. of Md. v Andersen & Co., 60 NY2d 693 [1983]). Concur—Sullivan, J.P., Williams, Sweeny, Catterson and Malone, JJ.