COONEY v. CAMBRIDGE MANAGEMENT AND REALTY CORP (2006)

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from so much of an order of the Supreme Court, Nassau County (Feinman, J.), entered January 19, 2006, as granted the motion of the defendant Cambridge Management and Realty Corp., in effect, to vacate its default in appearing and answering, to compel the plaintiffs to accept its untimely answer, and to vacate the note of issue.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in granting the motion of the defendant Cambridge Management and Realty Corp., in effect, to vacate its default in appearing and answering the complaint, to compel the plaintiffs to accept its untimely answer, and to vacate the note of issue.   The moving defendant demonstrated both a reasonable excuse for its delay in answering and the existence of a potentially meritorious defense (see CPLR 5015[a][1];  Ubaydov v. Kenny's Fleet Maintenance, 31 A.D.3d 536, 817 N.Y.S.2d 518;   Harcztark v. Drive Variety, 21 A.D.3d 876, 800 N.Y.S.2d 613;  Gang Liang Guo v. Shaybane, 9 A.D.3d 382, 780 N.Y.S.2d 613;  Seccombe v. Serafina Rest. Corp., 2 A.D.3d 516, 767 N.Y.S.2d 875).   Moreover, the plaintiffs did not demonstrate prejudice from the relatively short delay, which was not willful, and public policy favors the resolution of cases on their merits (see Ubaydov v. Kenny's Fleet Maintenance, supra;  Sound Shore Med. Ctr. v. Lumbermens Mut. Cas. Co., 31 A.D.3d 743, 819 N.Y.S.2d 102;  New York & Presbyterian Hosp. v. Auto One Ins. Co., 28 A.D.3d 441, 811 N.Y.S.2d 584).