YU v. VANTAGE MANAGEMENT SERVICES, LLC

5377N, 403016/09.

85 A.D.3d 564 (2011)

925 N.Y.S.2d 475

2011 NY Slip Op 5206

JAMES YU, Appellant, et al., Plaintiff, v. VANTAGE MANAGEMENT SERVICES, LLC, et al., Respondents.

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

Decided June 16, 2011.


In light of the strong public policy of this State to dispose of cases on their merits, the brief delay involved, the defendant's lack of willfulness, and the absence of prejudice to the plaintiffs, Supreme Court providently exercised its discretion in vacating the default and granting the defendant leave to interpose an answer (see New York & Presbyt. Hosp. v American Home Assur. Co., 28 A.D.3d 442 [2006]). Defendants asserted...

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