| Klughaupt v Hi-Tower Contrs., Inc. |
| 2009 NY Slip Op 05750 [64 AD3d 545] |
| July 7, 2009 |
| Appellate Division, Second Department |
| Nechuma Klughaupt, Appellant, v Hi-Tower Contractors,Inc., Defendant, and Lynch Park, LLC, Respondent. |
—[*1] Rubin, Fiorella & Friedman, LLP, New York, N.Y. (Leila Cardo of counsel), forrespondent.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Kings County (Miller, J.), dated November 17, 2008, which denied hermotion for leave to enter a default judgment against the defendant Lynch Park, LLC, and grantedthat defendant's cross motion to vacate its default in answering and for leave to serve a lateanswer.
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiff's motion forleave to enter a default judgment against the defendant Lynch Park, LLC (hereinafter LynchPark), and in granting Lynch Park's cross motion to vacate its default in answering and for leaveto serve a late answer (see CPLR 5015). Considering the lack of any prejudice to theplaintiff as a result of the relatively short three-week delay in serving an answer, the existence ofa potentially meritorious defense, and the public policy favoring the resolution of cases on themerits, the Supreme Court properly excused the de minimis delay in answering (see Schonfeld v Blue & White Food Prods.Corp., 29 AD3d 673 [2006]; Yonkers Rib House, Inc. v 1789 Cent. Park Corp., 19 AD3d 687[2005]; Trimble v SAS Taxi Co.Inc., 8 AD3d 557 [2004]; see e.g. Perez v Linshar Realty Corp., 259 AD2d 532[1999]; Swidler v World-Wide Volkswagen Corp., 85 AD2d 239 [1982]; cf. Leifer v Pilgreen Corp., 62 AD3d759 [2009] [10-month delay in moving to vacate default in answering or appearing, with nomeritorious defense, does not warrant vacatur of default]). Skelos, J.P., Florio, Balkin, Belen andAustin, JJ., concur.