IDS PROPERTY CASUALTY INSURANCE COMPANY, pet-app, v. METRO HEALTH PRODUCTS, INC. A/A/O ANTHONY ALVARANGA, res-res

15-218. IDS PROPERTY CASUALTY INSURANCE COMPANY, pet-app, v. METRO HEALTH PRODUCTS, INC. A/A/O ANTHONY ALVARANGA, res-res — Order (Gerald Lebovits, J.), entered July 30, 2014 affirmed, with $25 costs, for the reasons stated by Gerald Lebovits, J. at Civil Court.

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15-218. IDS PROPERTY CASUALTY INSURANCE COMPANY, pet-app, v. METRO HEALTH PRODUCTS, INC. A/A/O ANTHONY ALVARANGA, res-res — Order (Gerald Lebovits, J.), entered July 30, 2014 affirmed, with $25 costs, for the reasons stated by Gerald Lebovits, J. at Civil Court.

We find no cause to disturb the motion court’s discretionary determination to vacate respondent’s default in this special proceeding pursuant to CPLR 7511(b). Respondent demonstrated a reasonable excuse for its delay in answering the petition through the affidavit of its principal detailing respondent’s regular mailreceipt procedures, and asserting that the petition was not received by respondent (see Hospital for Joint Diseases v. Lincoln Gen. Ins. Co., 55 AD3d 543 [2008]; cf. Commerce Bank, N.A. v. Executive Settlement Servs. 1 LLC, 66 AD3d 526 [2009]). Moreover, “[a] meritorious defense was shown by [respondent's] attorney’s affirmation which referred to attached documentary evidence demonstrating defenses to the [petitioner's] claims” (RMR Wine Distribs. Corp. v. Fratelli Pasqua, Sp.A., 126 AD2d 535, 536 [1987]). In these circumstances, and considering the strong policy favoring resolution of cases on the merits (see Chevalier v. 368 E. 148th St. Assoc., LLC, 80 AD3d 411, 413-414 [2011]), which is “equally applicable in the context of a proceeding to set aside an award rendered in arbitration” (Brook Bond India v. Gel Spice Co., 192 AD2d 458, 460 [1993]), the court providently exercised its discretion in granting vacatur relief.

IDS PROPERTY CASUALTY INSURANCE COMPANY, pet-app, v. METRO HEALTH PRODUCTS, INC. A/A/O ANTHONY ALVARANGA, res-res

15-218. IDS PROPERTY CASUALTY INSURANCE COMPANY, pet-app, v. METRO HEALTH PRODUCTS, INC. A/A/O ANTHONY ALVARANGA, res-res — Order (Gerald Lebovits, J.), entered July 30, 2014 affirmed, with $25 costs, for the reasons stated by Gerald Lebovits, J. at Civil Court.

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