[*1]
Silverman v Chista, Inc.
2010 NY Slip Op 50478(U) [26 Misc 3d 146(A)]
Decided on March 22, 2010
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This opinion is uncorrected and will not be published in the printed Official Reports.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 March 22, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Shulman, Hunter, JJ
.

Joshua Silverman, Plaintiff-Appellant,570822/09

against

Chista, Inc., Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), entered January 29, 2009, which granted defendant's motion to vacate a default judgment.


Per Curiam.

Order (Jeffrey K. Oing, J.), entered January 29, 2009, affirmed, with $10 costs.

Civil Court providently exercised its discretion in vacating defendant's default, a disposition consonant with the policy favoring disposition of cases on the merits (see Scarlett v McCarthy,2 AD3d 623 [2003]), since defendant demonstrated a reasonable excuse for the default and a potentially meritorious defense to the action (see Gomez v Delacruz, 27 AD3d 219 [2006]; Scarlett, supra).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: March 22, 2010