Opinion
Submitted May 8, 2000.
July 26, 2000.
In an action, inter alia, to foreclose a mechanic's lien, the defendant 1155 DHS, LLC, appeals from stated portions of an order of the Supreme Court, Kings County (Steinhardt, J.), dated March 22, 1999, as amended July 9, 1999, which, among other things, granted the plaintiff's motion to vacate an order of the same court dated January 5, 1999, granting its prior cross motion to vacate the plaintiff's mechanic's lien and its bond, upon the plaintiff's default in opposing the cross motion.
Vaneria Sesti, LLP, New York, N.Y. (Robert A. Sesti of counsel), for appellant.
Before: DANIEL W. JOY, J.P., WILLIAM D. FRIEDMANN, GABRIEL M. KRAUSMAN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order, as amended, is affirmed, without costs or disbursements.
The decision to vacate a default pursuant to CPLR 5015(a) is left to the sound discretion of the Supreme Court and will generally be upheld in the absence of an improvident exercise of that discretion (see, Epps v. LaSalle Bus, 271 A.D.2d 400; [2d Dept., Apr. 3, 2000]; Matter of Ping Lee v. City of New York, 233 A.D.2d 510; P K Marble v. Pearce, 168 A.D.2d 439). In this case, the Supreme Court providently exercised its discretion in granting the plaintiff's motion since the plaintiff demonstrated a valid excuse for its default and a meritorious cause of action (see, CPLR 5015[a]; Medric Constr. v. J.W. Mays, Inc., 230 A.D.2d 832; cf., North Fork Bank, 257 A.D.2d 613; Roussodimou v. Zafiriadis, 238 A.D.2d 568; Chery v. Anthony, 156 A.D.2d 414).
The appellant's remaining contentions are without merit.