Paradiso & Associates, Inc. v. Tamarin

—In an action, inter alia, to recover damages for conversion, fraud, and unjust enrichment, the plaintiff appeals from an order of the Supreme Court, Queens County (Di Tucci, J.), dated August 10, 1992, which granted the motion of the defendant Robert Paul Tamarin to vacate his default and for leave to serve an answer.

Ordered that the order is affirmed, with costs.

The Supreme Court properly exercised its discretion by *387vacating the respondent’s default and by granting him leave to serve an answer. The respondent clearly intended to defend the action on the merits, and at no time did the…