Thompson v. Contractor's Supply Corp.

In an action to recover legal fees, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roberto, J.), dated November 4, 1986, which granted the defendant’s motion to vacate its default in answering.

Ordered that the order is affirmed, with costs.

The vacatur of the default of the defendant was proper. In the first instance, it is noted that the law favors resolution of cases on the merits (see, Charmer Indus. v 71 Grand Liq. Corp., 128 AD2d 825; J. W. Mays, Inc. v Adsco Distribs., 79 AD2d 673; Raab Corp. v Goodman Chem. N. Y. Corp., 40 AD2d 673).

It is clear that the…