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Gonzalez v Queensboro Toyota
2011 NY Slip Op 52207(U) [33 Misc 3d 142(A)]
Decided on December 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 5, 2011
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : RIOS, J.P., WESTON and GOLIA, JJ
2010-1401 Q C.

Sarita Gonzalez, Respondent,

against

Queensboro Toyota, Appellant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Terrence C. O'Connor, J.), entered April 12, 2010. 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 damages for defective repairs, defendant failed to appear or answer. Following an inquest, plaintiff was awarded the principal sum of $5,000. Thereafter, defendant moved to vacate the default judgment and restore the case to the trial calendar, which motion the Civil Court denied by order entered April 12, 2010.

Under the particular circumstances of this case, we find that substantial justice between the parties requires that defendant's motion be granted (see CCA 1807 [a]).

Rios, J.P., Weston and Golia, JJ., concur.
Decision Date: December 05, 2011