BIFFER v. ALT FLOOR WALL COVERING LLC (2019)

Supreme Court, Appellate Term, New York.

Stanley BIFFER, Doing Business as Products Unlimited, Respondent, v. ALT FLOOR & WALL COVERING, LLC, Appellant.

2018-2298 S C

Decided: November 21, 2019

PRESENT: THOMAS A. ADAMS, P.J., TERRY JANE RUDERMAN, ELIZABETH H. EMERSON, JJ

Alt Floor & Wall Covering, LLC, appellant pro se. Stanley Biffer Doing Business as Products Unlimited, respondent pro se (no brief filed).

ORDERED that the order is reversed, without costs, and defendant's motion to vacate the default judgment is granted.

In this small claims action, defendant appeals from an order of the District Court entered May 7, 2018 which denied its motion to vacate a judgment of that court entered on November 15, 2017 upon defendant's failure to appear at a scheduled hearing. The judgment awarded plaintiff the total sum of $3,963.67. Upon a review of the record, we find that the District Court improvidently exercised its discretion in denying defendant's motion, since defendant established an excusable default and a possible meritorious defense to the action (see CPLR 5015 [a] [1]; Abrash v. Lavendar, 119 AD2d 785 [1986]).

Accordingly, the order is reversed and defendant's motion to vacate the default judgment is granted.

ADAMS, P.J., RUDERMAN and EMERSON, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law