| Rally Chiropractic, P.C. v MVAIC |
| 2012 NY Slip Op 50325(U) [34 Misc 3d 153(A)] |
| Decided on February 28, 2012 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from an order of the Civil Court of the City of New York, New York
County (Arlene P. Bluth, J.), entered August 31, 2010, which denied its motion to vacate a
default judgment.
Per Curiam.
Order (Arlene P. Bluth, J.), entered August 31, 2010, reversed, with $10 costs, motion granted, default judgment vacated, and matter remanded for further proceedings.
The record shows that defendant's failure to appear at the compliance conference resulted from excusable law office failure, and that defense counsel's miscalendaring of the initial scheduled date was neither willful nor part of a pattern of delay (see The Travelers Ins. Co. v Abelow, 14 AD3d 395 [2005]). Considering the strong policy favoring resolution of cases on the merits (see Chevalier v 368 E. 148th St. Assoc., LLC, 80 AD3d 411, 413-414 [2011]), and in the absence of any argument by plaintiff that the delay caused it prejudice or that defendant lacks a meritorious defense, we exercise our discretion to relieve defendant of its unintended default.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 28, 2012