Landlord appeals, as limited by its briefs, from those portions of a judgment of the Civil Court of the City of New York, Bronx County (Fernando Tapia, J.), entered September 14, 2010, after inquest, and an order (same court and Judge), dated September 14, 2010, which together dismissed the commercial nonpayment proceeding and awarded tenant damages on his counterclaim for breach of lease in the principal sum of $942,730, and from an order (same court and Judge), entered November 15, 2010, which denied landlord's motion to vacate the judgment.

Per Curiam.

Order (Fernando Tapia, J.), entered November 15, 2010, reversed, with $10 costs, motion granted, petition and counterclaim reinstated, and matter remanded to Civil Court for further proceedings. Appeals from order (same court and Judge), dated September 14, 2010, and judgment (same court and Judge), entered September 14, 2010, dismissed, without costs, as academic.

In this commercial nonpayment proceeding, landlord's counsel was unable to appear on the date set for trial because of family illness, but his law partner appeared in court on that date solely to submit an affirmation in support of his request for an adjournment. After denying the adjournment request, Civil Court dismissed the petition, and immediately proceeded to conduct an inquest on tenant's counterclaim for "financial damages," in the absence of landlord's attorney, after which the court entered judgment in the amount of $942,730. The court denied landlord's subsequent motion pursuant to CPLR 5015(a) to vacate the default and judgment. We reverse.

"A party seeking relief from an order or judgment on the basis of excusable default pursuant to CPLR 5015(a)(1) must provide a reasonable excuse for the failure to appear and demonstrate the merit of the cause of action or defense" (Goldman v Cotter, 10 AD3d 289, 291 [2004]; see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; Navarro v A. Trenkman Estate, Inc., 279 AD2d 257 [2001]).

In support of the motion to vacate its default, landlord established a reasonable excuse for its failure to appear at trial — the serious illness and chemotherapy treatment of its attorney's father — coupled with excusable law office failure (see CPLR 2005; Imperato v Mt. Sinai Med. [*2]Center, 82 AD3d 414 [2011]; Frenchy's Bar & Grill v United Intl. Ins. Co., 251 AD2d 177, 177-178 [1998]), which was neither deliberate nor wilful (see Amato v Commack Union Free School Dist., 32 AD3d 807, 807-808 [2006]; Gironda v Katzen, 19 AD3d 644, 645 [2005]). Given the "strong public policy" favoring "the disposition of matters on their merits" (Ahmad v Aniolowiski, 28 AD3d 692 [2006]; see Bunch v Dollar Budget, Inc., 12 AD3d 391 [2004]), the reasonable excuse and the sufficient showing of a meritorious claim for nonpayment of rent, we exercise our discretion and grant landlord's motion to vacate the default judgment.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 06, 2011