Bunch v. Dollar Budget, Inc.
| Decision Date | 08 November 2004 |
| Docket Number | 2004-00563. |
| Citation | 12 A.D.3d 391,783 N.Y.S.2d 829,2004 NY Slip Op 08054 |
| Parties | MATTIE BUNCH, Appellant, v. DOLLAR BUDGET, INC., Respondent. |
| Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in granting the defendant's motion and denying the plaintiff's cross motion. The defendant's delay in appearing and answering was brief, the default was not willful, and there was no evidence that the plaintiff was prejudiced (see Sippin v Gallardo, 287 AD2d 703, 703-704 [2001]; Khanna v Premium Food & Sports Enter., 279 AD2d 508, 509 [2001]; Lichtman v Sears, Roebuck & Co., 236 AD2d 373 [1997]). Moreover, public policy favors the resolution of cases on the merits (see Sippin v Gallardo, supra).
The plaintiff's cross motion was properly denied for the additional reason that it was defective, since the plaintiff failed to submit proof of compliance with CPLR 3215 (g) (4) (i) (see Schilling v Maren Enters., 302 AD2d 375, 376 [2003]).
To continue reading
Request your trial
-
Wexler v. Kinder Stuff 2010, LLC
...the disposition of matters on their merits (see Gerdes v. Canales, 74 A.D.3d 1017, 903 N.Y.S.2d 499 ; Bunch v. Dollar Budget, Inc., 12 A.D.3d 391, 783 N.Y.S.2d 829 ), the decision as to whether to set aside a default is generally left to the sound discretion of the trial court (see Woodson ......
-
Confidential Lending, LLC v. Nurse
...requirement of CPLR 3215(g)(3)(i) ( see Tsiporin v. Ziegel, 203 A.D.2d 451, 610 N.Y.S.2d 603; see also Bunch v. Dollar Budget, Inc., 12 A.D.3d 391, 783 N.Y.S.2d 829; Schilling v. Maren Enters., 302 A.D.2d 375, 376, 754 N.Y.S.2d 564; Rafa Enters. v. Pigand Mgt., Corp., 184 A.D.2d 329, 586 N.......
-
Lucas v. Stam
...783–784, 971 N.Y.S.2d 119 ; Jolkovsky v. Legeman, 32 A.D.3d 418, 419, 819 N.Y.S.2d 561 ; Bunch v. Dollar Budget, 48 N.Y.S.3d 157Inc., 12 A.D.3d 391, 391, 783 N.Y.S.2d 829 ). Contrary to the contentions of the defendants and COC, they failed to establish that the conduct of the plaintiff's c......
-
Skutelsky v. JN Natural Fruit Corp.
...the disposition of matters on their merits (see Gerdes v. Canales, 74 A.D.3d 1017, 903 N.Y.S.2d 499 ; Bunch v. Dollar Budget, Inc., 12 A.D.3d 391, 783 N.Y.S.2d 829 ), the decision as to whether or not to set aside a default is generally left to the sound discretion of the trial court (see W......