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TORRES v. 1148 BRYANT AVE., INC.

3863N, 308266/08.

81 A.D.3d 467 (2011)

916 N.Y.S.2d 107

ALBERTO TORRES et al., Appellants, v. 1148 BRYANT AVE., INC., et al., Respondents.

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

Decided February 10, 2011.

The motion court's grant of the motion to vacate the default judgment against defendant 1148 Bryant Ave. constituted a provident exercise of its discretion (see Evolution Impressions, Inc. v Lewandowski, 59 A.D.3d 1039 [2009]) that should not be disturbed. The court correctly concluded that defendant's submissions established excusable neglect. Defendant also demonstrated the existence of a sufficiently meritorious defense to...

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