Pursuant to CPLR 3012(d), where there is a meritorious defense and no showing of either willfulness or prejudice as a result of the delay, the policy of resolving disputes on the merits militates in favor of granting the motion.
Cantave v. 170 W. 85 St. Hous. Dev. Fund Corp., NY Slip Op 06196 (1st Dep't September 25, 2018)
Here is the decision.
