| Yu v Vantage Mgt. Servs., LLC |
| 2011 NY Slip Op 05206 [85 AD3d 564] |
| June 16, 2011 |
| Appellate Division, First Department |
| James Yu, Appellant, et al., Plaintiff, v VantageManagement Services, LLC, et al., Respondents. |
—[*1] Landman Corsi Ballaine & Ford P.C., New York (William G. Ballaine of counsel), forrespondents.
Order, Supreme Court, New York County (O. Peter Sherwood, J.), entered May 13, 2010,which, to the extent appealed from as limited by the briefs, granted defendants' motion to vacatea default judgment, unanimously affirmed, without costs.
In light of the strong public policy of this State to dispose of cases on their merits, the briefdelay involved, the defendant's lack of willfulness, and the absence of prejudice to the plaintiffs,Supreme Court providently exercised its discretion in vacating the default and granting thedefendant leave to interpose an answer (see New York & Presbyt. Hosp. v American Home Assur. Co., 28AD3d 442 [2006]). Defendants asserted a reasonable excuse for the default, i.e. insurancecompany delay in determining coverage for a claim alleging toxic mold (see Seccombe v Serafina Rest. Corp., 2AD3d 516 [2003]), the delay in answering was relatively minimal, a potentially meritoriousdefense was demonstrated by affidavit, and no prejudice to plaintiffs was shown to have resultedin the delay (see Siwek v Phillips,71 AD3d 469 [2010]; Arrington vBronx Jean Co., Inc., 76 AD3d 461 [2010]).
We also note that defendants actually served and filed an answer before plaintiffs applied exparte for a default, and promptly moved to vacate. Further, the additional delay in plaintiffs'receipt of defendants' answer was attributable to plaintiffs having moved from the addressindicated on the summons and complaint. Concur—Andrias, J.P., Friedman, Sweeny,Renwick and RomÁn, JJ.