| Child v Boss Models, Inc. |
| 2008 NY Slip Op 51407(U) [20 Misc 3d 129(A)] |
| Decided on July 16, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court of the City of New York, New York
County (Manuel J. Mendez, J.), entered March 7, 2006, which, inter alia, granted the motion of
defendant Boss Models, Inc. to vacate a default judgment.
PER CURIAM.
Order (Manual Mendez, J.), entered March 7, 2007, 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 existence of possible meritorious defenses to plaintiff's compensatory and punitive damage claims, and the absence of any indication that defendant's default in answering the complaint was willful, the motion court did not abuse its discretion in granting defendant vacatur relief. Nor was defendant barred from relitigating the liability issues raised herein on the basis of the prior small claims action between the parties. CCA 1808 expressly provides that a small claims judgment is not res judicata with respect to the adjudication of any fact at issue or found therein (see Molska v Garfield, 2 AD3d 510 [2003]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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Decision Date: July 16, 2008