Legal Opinion

Watt v. Spencer

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

Decided January 9, 2007PublishedCited by 1 opinion

1Opinion of the Court

— Order, Supreme Court, New York County (Edward H. Lehner, J.), entered March 1, 2006, which, inter alia, granted defendant’s motion to vacate his default in answering the amended complaint, unanimously affirmed, without costs.

In light of the strong policy of the courts in favor of deciding cases on their merits (see Dokmecian v ABN AMRO N. Am., 304 AD2d 445 [2003]), the motion court did not improvidently *441exercise its discretion in accepting defendant’s affidavit showing a potentially meritorious defense and counsel’s reasonable excuse for the default (see Fidelity & Deposit Co. of Md. v…

2Cases cited2 opinions

  1. FID. & DEPOSIT CO. OF MARYLAND v. Arthur Andersen & Co.New York Court of Appeals · 1983
  2. Dokmecian v. ABN AMRO North America, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

3Cited by1 opinion

  1. Lancer Insurance v. RoviraAppellate Division of the Supreme Court of the State of New York · 2007

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