| Paul Frohman, P.C. v 1028 Rest., Inc. |
| 2015 NY Slip Op 50369(U) [47 Misc 3d 127(A)] |
| Decided on March 26, 2015 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Gerald Lebovits, J.), entered December 3, 2014, which granted defendant's motion to vacate a default judgment.
Per Curiam.
Order (Gerald Lebovits, J.), entered December 3, 2014, affirmed, with $10 costs.
We find no cause to disturb the motion court's discretionary determination to vacate the default judgment entered upon defendant's failure to timely interpose an answer. Defendant promptly moved to vacate the judgment and no prejudice resulted to plaintiff from the brief delay (see Lee v 215 W. W. 88 St. Holdings, LLC, 106 AD3d 460 [2013]). Defendant also made the requisite showing of a meritorious defense to plaintiff's claim for unpaid legal fees, by proof indicating that plaintiff-attorney was retained not by defendant, but rather, by nonparty Ofer Biton individually (see Shenouda v Cohen, 17 AD3d 565, 566 [2005]). Given defendant's denial of a contractual relationship with plaintiff, defendant's failure to object to plaintiff's invoices is of no import (see Ryan Graphics, Inc. v Bailin, 39 AD3d 249, 251 [2007]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.