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WATT v. SPENCER

36 A.D.3d 440 (2007)

825 N.Y.S.2d 913

ED WATT, as Financial Secretary-Treasurer of Local 100, Transport Workers Union of Greater New York, Appellant, v. CARL SPENCER, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 9, 2007.

In light of the strong policy of the courts in favor of deciding cases on their merits (see Dokmecian v ABN AMRO N. Am., 304 A.D.2d 445 [2003]), the motion court did not improvidently exercise its discretion in accepting defendant's affidavit showing a potentially meritorious defense and counsel's reasonable excuse for the default (see Fidelity & Deposit Co. of Md. v Andersen &...

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