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Polizzotto v. Ultra Express Coach, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1995
220 A.D.2d 568 (N.Y. App. Div. 1995)

Opinion

October 16, 1995

Appeal from the Supreme Court, Kings County (Ramirez, J.).


Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs' contention, the Supreme Court did not improvidently exercise its discretion in granting the defendant's motion to vacate a judgment entered upon its default in answering the complaint. In view of the relatively short period of delay, the absence of any claim of prejudice to the plaintiffs, the existence of a possible meritorious defense, the absence of any willfulness on the defendant's part, and the public policy in favor of resolving cases on the merits, the defendant's motion to vacate its default was properly granted ( see, Robles v. Grace Episcopal Church, 192 A.D.2d 515). Rosenblatt, J.P., Miller, Ritter and Friedmann, JJ., concur.


Summaries of

Polizzotto v. Ultra Express Coach, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 1995
220 A.D.2d 568 (N.Y. App. Div. 1995)
Case details for

Polizzotto v. Ultra Express Coach, Inc.

Case Details

Full title:ALFRED POLIZZOTTO et al., Appellants, v. ULTRA EXPRESS COACH, INC.…

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

Date published: Oct 16, 1995

Citations

220 A.D.2d 568 (N.Y. App. Div. 1995)
633 N.Y.S.2d 972

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