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FERGUSON v. HESS CORPORATION

6127N, 106855/09.

89 A.D.3d 599 (2011)

932 N.Y.S.2d 904

2011 NY Slip Op 8478

ZOE FERGUSON, Respondent, v. HESS CORPORATION, Defendant, and ABRO MANAGEMENT CORP., et al., Appellants.

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

Decided November 22, 2011.

Supreme Court providently exercised its discretion in vacating plaintiff's default and restoring the action to the calendar. The action has merit, plaintiff has substantially complied with discovery and retained new counsel, and there is a strong public policy favoring resolution of cases on the merits (Chevalier v 368 E. 148th St. Assoc., LLC, 80 A.D.3d 411, 413-414 [2011]). In view of the foregoing, we need not reach defendants...

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