Opinion
02-07-2017
Juan CORCINO, etc., Plaintiff–Appellant, v. 4303 BAYCHESTER LLC, etc., et al., Defendants–Respondents, Frank Palazzolo, etc., et al., Defendants.
David A. Kapelman, P.C., New York (David A. Kapelman of counsel), for appellant. Rocco Vozza, Bronx, for respondents.
David A. Kapelman, P.C., New York (David A. Kapelman of counsel), for appellant.
Rocco Vozza, Bronx, for respondents.
FRIEDMAN, J.P., ANDRIAS, MOSKOWITZ, KAPNICK, KAHN, JJ.
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered December 7, 2015, which granted the motion of defendants 4303 Baychester LLC, 505 East 178 LLC, 983 East 181 LLC and 1064 Ward LLC (respondents) to vacate a default judgment entered as against them, unanimously affirmed, without costs.
The court providently exercised its discretion in vacating the default judgment as against respondents, because the record supports the conclusion that their failure to appear was the result of law office failure by their attorney (see Jackson v. Pelletier, 160 A.D.2d 604, 554 N.Y.S.2d 248 [1st Dept.1990] ). The fact that respondents may have delayed in seeking vacatur is not dispositive, because the court has the inherent power to consider the application (see Hunter v. Enquirer/Star, Inc., 210 A.D.2d 32, 33, 619 N.Y.S.2d 268 [1st Dept.1994] ). Plaintiff has also failed to demonstrate any prejudice from vacatur of the default judgment (see Mutual Mar. Off., Inc. v. Joy Constr. Corp., 39 A.D.3d 417, 419, 835 N.Y.S.2d 88 [1st Dept.2007] ).
Furthermore, respondents set forth a meritorious defense to the complaint's allegations that they engaged in fraudulent conveyances to shield defendant New Line Realty III Corp. from paying a judgment that plaintiff's decedent obtained against it in a personal injury action (see e.g. Blakeslee v. Rabinor, 182 A.D.2d 390, 392, 582 N.Y.S.2d 132 [1st Dept.1992], lv. denied 82 N.Y.2d 665, 602 N.Y.S.2d 804, 622 N.E.2d 305 [1993] ).