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CHELLI v. KELLY GROUP, P.C.

63 A.D.3d 632 (2009)

JORGE CHELLI, Respondent, v. KELLY GROUP, P.C., et al., Appellants.

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

Decided June 30, 2009.

In light of the strong public policy of this State to dispose of cases on their merits, the motion court improvidently exercised its discretion in denying defendants' motion to vacate the default order (Harwood v Chaliha, 291 A.D.2d 234 [2002]). An order striking an answer and directing an inquest pursuant to 22 NYCRR 202.27 (a) should be vacated where a defendant can show a reasonable excuse for failure to appear (CPLR 5015 [a]...

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