| Giha v Giannos Enters., Inc. |
| 2010 NY Slip Op 00099 [69 AD3d 564] |
| January 5, 2010 |
| Appellate Division, Second Department |
| Flor Giha, Appellant, v Giannos Enterprises, Inc.,Respondent, et al., Defendant. |
—[*1] Furey, Kerley, Walsh, Matera & Cinquemani, P.C., Seaford, N.Y. (Lauren B. Bristol ofcounsel), for respondent.
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by herbrief, from so much of an order of the Supreme Court, Queens County (Mayersohn, J.), datedJuly 7, 2009, as denied her motion for leave to enter a default judgment on the issue of liabilityagainst the defendant Giannos Enterprises, Inc.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiff's motion forleave to enter a default judgment against the defendant Giannos Enterprises, Inc. (hereinafter thedefendant). Considering the lack of any prejudice to the plaintiff as a result of the defendant'srelatively short delay in answering, the existence of a potentially meritorious defense, and thepublic policy favoring the resolution of cases on the merits, we agree with the Supreme Courtthat, as an exercise of discretion, the defendant's delay in answering was properly excused (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]). Rivera, J.P., Covello, Angiolillo, Leventhal and Roman, JJ.,concur.