Pelle Pelle Esqs. v. Gillen

Full title: PELLE PELLE ESQS., Appellant, v. DANISE GILLEN N/K/A DANISE FULTON…

Court: Appellate Term of the Supreme Court of New York, Second Department

Date published: Oct 6, 2009

2009 N.Y. Slip Op. 52069 (N.Y. App. Term 2009)

901 N.Y.S.2d 908

Opinion

2008-1991 S C.

Decided October 6, 2009.

Appeal from an order of the District Court of Suffolk County, Sixth District (Howard M. Bergson, J.), entered October 8, 2008. The order granted defendant's motion to vacate a default judgment.

ORDERED that the order is affirmed without costs.

PRESENT: MOLIA, J.P., NICOLAI and TANENBAUM, JJ.

We are of the view that, under all of the circumstances presented, the District Court did not improvidently exercise its discretion in vacating the default judgment entered against defendant ( see Wilcox v U-Haul Co., 256 AD2d 973, 973-974; Coughlin v Merchants Mut. Ins. Co., 58 AD2d 913; Beneficial Fin. Co. of NY v Kramer, 48 AD2d 822).

Accordingly, the order is affirmed.

Molia, J.P., and Nicolai, J., concur.

Tanenbaum, J., taking no part.