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AUERBACH v. TREGERMAN

10213N, 653352/12.

106 A.D.3d 633 (2013)

965 N.Y.S.2d 716

2013 NY Slip Op 3783

NEAL AUERBACH, D.D.S., Appellant, v. IRV TREGERMAN, D.D.S., Respondent.

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

Decided May 28, 2013.

The court properly exercised its discretion in granting the motion, given the lack of evidence that the default was willful or part of a pattern of dilatory conduct and the strong public policy in favor of disposing of cases on their merits (see DaimlerChrysler Ins. Co. v Seck, 82 A.D.3d 581, 582 [1st Dept 2011]). Additionally, the default was purportedly caused by innocent law office failure (see Goodwin v New York City Hous...

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