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Manor E., LLC v Martin
2011 NY Slip Op 51324(U) [32 Misc 3d 131(A)]
Decided on July 8, 2011
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 July 8, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : IANNACCI, J.P., NICOLAI and MOLIA, JJ
2010-2421 S C.

Manor East, LLC, Appellant,

against

Gabriel Martin Doing Business as GIGLIO'S BAKERY, Respondent.


Appeal from an order of the District Court of Suffolk County, Third District (C. Stephen Hackeling, J.), dated May 11, 2010. The order granted defendant's motion to vacate a default judgment.


ORDERED that the order is affirmed, without costs.

In this action to recover $13,000 due on a loan by plaintiff to defendant, the District Court granted defendant's motion to vacate a default judgment. Upon a review of the record, we find that the District Court did not improvidently exercise its discretion in granting defendant's motion to vacate the default judgment, which had been entered against him upon his failure to timely answer the complaint, as defendant demonstrated a reasonable excuse for the default and a meritorious defense (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]). Accordingly, the order is affirmed.

Iannacci, J.P., Nicolai and Molia, JJ., concur.
Decision Date: July 08, 2011