PAGAN v. FOUR THIRTY REALTY LLC (2008)

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered March 21, 2007, which, to the extent appealed from as limited by the briefs, denied plaintiffs' motion for a default judgment, unanimously affirmed, without costs.

In this action alleging discrimination in housing, retaliatory eviction and personal injury, defendants demonstrated a reasonable excuse for their delay in answering the complaint (see Castillo v. Garzon-Ruiz, 290 A.D.2d 288, 290, 736 N.Y.S.2d 37 [2002];  Parker v. I.E.S.I. N.Y. Corp., 279 A.D.2d 395, 720 N.Y.S.2d 59 [2001], lv. dismissed 96 N.Y.2d 927, 733 N.Y.S.2d 363, 759 N.E.2d 361 [2001];  Barajas v. Toll Bros., 247 A.D.2d 242, 669 N.Y.S.2d 35 [1998];  Ganvey Merchandising Corp. v. Knudsen El. Corp., 169 A.D.2d 518, 564 N.Y.S.2d 374 [1991] ).   We note that they established prima facie meritorious defenses to plaintiffs' claims.   Plaintiffs have not demonstrated that they suffered any prejudice as a result of the delay (see Castillo, 290 A.D.2d at 290, 736 N.Y.S.2d 37;  Shure v. Village of Westhampton Beach, 121 A.D.2d 887, 503 N.Y.S.2d 802 [1986] ).   This State's public policy favors determinations on the merits (see Guzetti v. City of New York, 32 A.D.3d 234, 820 N.Y.S.2d 29 [2006] ).