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Robles v. Grace Episcopal Church

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1993
192 A.D.2d 515 (N.Y. App. Div. 1993)

Opinion

April 5, 1993

Appeal from the Supreme Court, Nassau County (Burke, J.).


Ordered that the order is affirmed insofar as appealed from, with costs, and the defendant's answer is deemed served.

Contrary to the plaintiff's contention, the Supreme Court did not improvidently exercise its discretion in vacating the defendant's default in answering the complaint. The defendant's answer was served only one day after its time to answer had expired (see, CPLR 308). In view of the very short period of delay, the absence of any prejudice to the plaintiff, the existence of a possible meritorious defense, the lack of willfulness on the part of the defendant, and the public policy in favor of resolving cases on the merits, we find that the defendant's motion to vacate its default was properly granted (see, Albin v First Nationwide Network Mtge. Co., 188 A.D.2d 575; I.J. Handa, P.C. v Imperato, 159 A.D.2d 484; Two Catherine St. Mgt. Co. v Yam Keung Yeung, 153 A.D.2d 678; Mulder v Rockland Armor Metal Corp., 140 A.D.2d 315). Balletta, J.P., Eiber, Ritter and Santucci, JJ., concur.


Summaries of

Robles v. Grace Episcopal Church

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1993
192 A.D.2d 515 (N.Y. App. Div. 1993)
Case details for

Robles v. Grace Episcopal Church

Case Details

Full title:SHARON G. ROBLES, Appellant, v. GRACE EPISCOPAL CHURCH, Respondent

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

Date published: Apr 5, 1993

Citations

192 A.D.2d 515 (N.Y. App. Div. 1993)
595 N.Y.S.2d 824

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