Opinion
570822/09.
Decided March 22, 2010.
Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), entered January 29, 2009, which granted defendant's motion to vacate a default judgment.
Order (Jeffrey K. Oing, J.), entered January 29, 2009, affirmed, with $10 costs.
PRESENT: McKeon, P.J., Shulman, Hunter, JJ.
Civil Court providently exercised its discretion in vacating defendant's default, a disposition consonant with the policy favoring disposition of cases on the merits ( see Scarlett v McCarthy, 2 AD3d 623), since defendant demonstrated a reasonable excuse for the default and a potentially meritorious defense to the action ( see Gomez v Delacruz, 27 AD3d 219; Scarlett, supra).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.