HAYES v. R.S. MAHER SON, INC

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

This action seeks damages for serious injuries allegedly sustained by plaintiff Dean C. Hayes as a result of a collision between his pickup truck and a Mack truck owned by defendant R.S. Maher Son, Inc. (Maher). Plaintiffs appeal from an order of Supreme Court granting the motion of Maher to vacate a default judgment previously entered against it as a consequence of its failure to answer the complaint. The court properly granted Maher's motion. Maher demonstrated a meritorious defense to the action and reasonable excuse for its default (see Di Lorenzo, Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138, 141; see also Massachusetts Asset Fin. Corp. v. Di Laura, 299 A.D.2d 948; Yacone v. Ryan Homes, 216 A.D.2d 963), which resulted from the inadvertence of Maher's liability insurer (see generally Castillo v. Garzon-Ruiz, 290 A.D.2d 288, 290; Parker v. I.E.S.I. N.Y. Corp., 279 A.D.2d 395, lv dismissed 96 N.Y.2d 927; Kondolf v. National Grange Mut. Ins. Co., 259 A.D.2d 1021; Barajas v. Toll Bros., 247 A.D.2d 242; Chu-Reimer v. Metpath, Inc., 227 A.D.2d 860, 861). "Given the brief overall delay, the promptness with which [Maher] moved to vacate the judgment, the lack of any intention on [Maher's] part to abandon the action, plaintiffs' failure to demonstrate any prejudice attributable to the delay, and the preference for resolving disputes on the merits, we conclude that [Maher's] [brief] default in appearing [was properly] excused" (Mayville v. Wal-Mart Stores, 273 A.D.2d 944, 945; see Massachusetts Asset Fin. Corp., 299 A.D.2d at 948-949).