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New Hope Mech., Inc. v Emporium Mgt.
2011 NY Slip Op 52380(U) [34 Misc 3d 134(A)]
Decided on December 23, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 23, 2011
SUPREME COURT OF THE STATE OF NEW YORK

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

PRESENT: : PESCE, P.J., GOLIA and STEINHARDT, JJ
2010-2315 Q C.

New Hope Mechanical, Inc., Respondent,

against

Emporium Management, Appellant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Rudolph E. Greco Jr., J.), entered August 17, 2010. The order denied defendant's motion to vacate a default judgment.


ORDERED that the order is reversed, without costs, and defendant's motion to vacate the default judgment is granted.

In this action to recover the unpaid balance due on a contract, a review of the record indicates that the Civil Court improvidently exercised its discretion in denying defendant's motion to vacate a default judgment as defendant demonstrated that it had both a reasonable excuse for its 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 reversed, defendant's motion to vacate the default judgment is granted and the matter is restored to the trial calendar.

Pesce, P.J., Golia and Steinhardt, JJ., concur.
Decision Date: December 23, 2011