[*1]
Petrovic v Lee
2012 NY Slip Op 51602(U) [36 Misc 3d 145(A)]
Decided on August 28, 2012
Appellate Term, First 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This opinion is uncorrected and will not be published in the printed Official Reports.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 August 28, 2012
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

PRESENT: Shulman, J.P., Hunter, Jr., Torres, JJ
570421/12.

Radivoj Rado Petrovic, Plaintiff-Appellant,

against

Phil Wan Lee, Jah Rye Oh, Café De La Sant d/b/a Daily Soup, Defendants-Respondents.


Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Robert R. Reed, J.), entered March 6, 2012, which denied his motion to vacate his default in appearing at a calendar call.


Per Curiam.

Order (Robert R. Reed, J.), entered March 6, 2012, reversed, without costs, motion granted, dismissal order vacated and complaint reinstated.

This action for "breach of contract or warranty" was dismissed upon plaintiff's failure to appear at a calendar call. In light of the strong judicial preference for deciding cases on their merits, plaintiff's unopposed motion to vacate his brief, unintended default should have been granted, since he demonstrated both a reasonable excuse for failing to appear and a potentially meritorious cause of action (see Dokmecian v ABN AMRO N. Am., 304 AD2d 445 [2003]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: August 28, 2012