Legal Opinion

Yu v. Vantage Management Services, LLC

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 2011PublishedCited by 4 opinions

1Opinion of the Court

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 vacate a default judgment, unanimously affirmed, without costs.

In light of the strong public policy of this State to dispose of cases on their merits, the brief delay 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 the defendant leave to interpose an answer (see New York & Presbyt. Hosp.…

2Cases cited3 opinions

  1. New York & Presbyterian Hospital v. American Home Assurance Co.Appellate Division of the Supreme Court of the State of New York · 2006
  2. Seccombe v. Serafina Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Siwek v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by4 opinions

  1. HSBC Bank USA v. LugoAppellate Division of the Supreme Court of the State of New York · 2015
  2. HSBC Bank USA v. LugoAppellate Division of the Supreme Court of the State of New York · 2015
  3. Nedeltcheva v. MTE Transp. Corp.Appellate Division of the Supreme Court of the State of New York · 2018
  4. Quinn Emanuel Urquhart & Sullivan, LLP v. AVRA Surgical Robotics, Inc.Appellate Division of the Supreme Court of the State of New York · 2018

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