TECHNICAL CAREER INSTITUTE v. GILLETTE (2019)

Supreme Court, Appellate Term, New York,

TECHNICAL CAREER INSTITUTE, Plaintiff-Appellant, v. Denise N. GILLETTE, Defendant-Respondent.

570072 /19

Decided: June 21, 2019

PRESENT: Shulman, P.J., Cooper, Edmead, JJ.

Order (Leticia M. Ramirez, J.), entered on April 10, 2018, affirmed, with $10 costs.

Given the strong public policy of this State to dispose of cases on the merits (see Chevalier v. 368 E. 148th St. Assoc., LLC, 80 AD3d 411, 413-414 [2011]), we find that Civil Court providently exercised its discretion in granting defendant's motion to vacate the default judgment, conditioned upon letting the judgment stand as security pending the disposition of the action (see Lexis-Nexis v Standard Weisberg, P.C., 292 AD2d 511 [2002]). The default was not intentional or prejudicial, defendant moved for vacatur relief upon learning of the default judgment entered against her, and the record shows the existence of a meritorious defense to this action for unpaid tuition.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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