| Carlo v Rodriguez |
| 2011 NY Slip Op 50330(U) [30 Misc 3d 143] |
| Decided on March 3, 2011 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through November 4, 2011; it will not be published in the printed Official Reports. |
Appeal from an order of the Civil Court of the City of New York, Kings County (Robin S.
Garson, J.), entered December 21, 2009. The order denied defendant's motion to vacate a default
judgment and restore the case to the trial calendar.
ORDERED that the order is reversed, without costs, and defendant's motion to vacate the default judgment and restore the case to the trial calendar is granted.
In this small claims action to recover a security deposit, defendant failed to appear or answer, and, following an inquest, plaintiff was awarded the principal sum of $2,790. Thereafter, the Civil Court denied a motion by defendant to vacate the default judgment and restore the case to the trial calendar.
Upon a review of the record, we find that defendant demonstrated a reasonable excuse for her default as well as a meritorious defense to the action (see CPLR 5015 [a] [1]; Euguene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Accordingly, the order is reversed and defendant's motion is granted.
Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: March 03, 2011