Legal Opinion

Dowson v. Forest Park Ass'n of Greenwood Lake, New York, Inc.

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

Decided June 10, 1996PublishedCited by 2 opinions

1Opinion of the Court

Contrary to the plaintiffs’ contention, the Supreme Court did not improvidently exercise its discretion in granting the defendant’s motion to vacate an order entered upon the latter’s default in responding to the plaintiffs’ motion for summary judgment. In view of the relatively short period of delay involved, the absence of any claim of prejudice to the plaintiffs, the existence of a possible meritorious defense, the absence of any willfulness on the defendant’s part, and the public policy *472in favor of resolving cases on the merits, the defendant’s motion to vacate its default was properly…

2Cases cited2 opinions

  1. Robles v. Grace Episcopal ChurchAppellate Division of the Supreme Court of the State of New York · 1993
  2. Polizzotto v. Ultra Express Coach, Inc.Appellate Division of the Supreme Court of the State of New York · 1995

3Cited by2 opinions

  1. Sippin v. GallardoAppellate Division of the Supreme Court of the State of New York · 2001
  2. Eastern Resource Service, Inc. v. Mountbatten Surety Co.Appellate Division of the Supreme Court of the State of New York · 2001

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