Appeal from an order of the Civil Court of the City of New York, Queens County (Lee A. Mayerson, J.), entered June 29, 2006. The order granted defendants' motion to vacate a judgment entered on default.

Order affirmed without costs.

The instant action is based upon an alleged breach of a contract whereby plaintiff was to receive a percentage of any monies obtained by defendants from the Office of the State Comptroller, Office of Unclaimed Funds, as a result of plaintiff's efforts. A default judgment was entered and defendants moved to vacate it. A review of the record indicates that defendants established the requisite excusable default and
meritorious defense, so as to warrant the vacatur of the judgment (see CPLR 5015 [a] [1]; O'Loughlin v Delisser, 15 AD3d 372 [2005]; Costanza v Gold, 12 AD3d 551 [2004]; Miller v Lanzisera, 273 AD2d 866 [2000]; Green Point Sav. Bank v Arnold, 260 AD2d 543 [1999]).

We note that the fact that defendants may not have moved within one year after service of a copy of the judgment with written notice of entry, did not require denial of the application (see Ray Realty Fulton, Inc. v Lee, 7 AD3d 772 [2004]; Luna Baking Co. v Myerwold, 69 AD2d 832 [1979]).

Accordingly, the order appealed from is affirmed.

Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: January 3, 2008