FROMARTZ v. BODNER

Given our preference for disposition of cases on the merits (see,Santora McKay v. Mazzella, 211 A.D.2d 460, 463; DFI Communications v. Golden Penn Theater Ticket Serv., 87 A.D.2d 778, 779), we find that Supreme Court improvidently exercised its discretion in denying defendants' motion to vacate their default where they had demonstrated both a meritorious defense to this action and a reasonable excuse for their default. In this regard, counsel's actual engagement in Family Court constituted a reasonable excuse for the default under the circumstances (Abate v. Long, 261 A.D.2d 252, 690 N.Y.S.2d 267; Salemo v. Geller, 260 A.D.2d 153, 685 N.Y.S.2d 616).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.