FRANCO v. QUINONES (2018)

ORDERED that the order is reversed, without costs, and defendant's motion to vacate the judgment entered December 6, 2016 upon his failure to appear at trial is granted.

In this small claims action to recover unpaid rent in the amount of $4,400, defendant appeals from an order of the Civil Court entered January 23, 2017 denying his motion to vacate a judgment of that court entered December 6, 2016 upon defendant's failure to appear at trial.

In a small claims action, our review is limited to a determination of whether “substantial justice has ․ been done between the parties according to the rules and principles of substantive law” (CCA 1807; see CCA 1804; Ross v. Friedman, 269 AD2d 584 [2000]; Williams v. Roper, 269 AD2d 125 [2000] ). Here substantial justice was not done as defendant established a reasonable excuse for his default and a potentially meritorious defense (see Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986] ).

Accordingly, the order is reversed and defendant's motion to vacate the judgment entered December 6, 2016 upon his failure to appear at trial is granted.

ELLIOT, J.P., PESCE and SIEGAL, JJ., concur.