Citiwide Masonry Associates, Ltd. v. Summit Renovation Corp.
Summary of the case Citiwide Masonry Associates, Ltd. v. Summit Renovation Corp.
The defendant appealed an order denying its motion to vacate a judgment entered upon its default in responding to a summary judgment motion. The court reversed the order, granting the motion to vacate the judgment and remitting the matter for a new determination.
Key Issues of the case Citiwide Masonry Associates, Ltd. v. Summit Renovation Corp.
- Denial of motion to vacate judgment
- Default in responding to summary judgment
Key Facts of the case Citiwide Masonry Associates, Ltd. v. Summit Renovation Corp.
- Defendant defaulted in timely responding to plaintiff's motion for summary judgment
- Defendant established a reasonable excuse and a meritorious defense
Decision of the case Citiwide Masonry Associates, Ltd. v. Summit Renovation Corp.
The order is reversed, and the motion to vacate the judgment is granted.
Opinions
In an action, inter alia, to recover damages based on breach of contract, the defendant appeals from an order of the Supreme Court,
Ordered that the order is reversed, on the facts and as a matter of discretion, with costs, the motion to vacate the judgment is granted, and the matter is remitted to the Supreme Court, Richmond County, for a new determination of the plaintiffs motion for summary judgment.
The Supreme Court improvidently exercised its discretion in denying the defendant’s motion to vacate the judgment since the defendant established both a reasonable excuse and a meritorious defense for its default (see CPLR 5015 [a] [1]). Santucci, J.P., Smith, S. Miller, Cozier and Fisher, JJ., concur.