Appellate Division of the Supreme Court of New York, 1998

Hernandez v. Luna Bros.

Hernandez v. Luna Bros.
Appellate Division of the Supreme Court of New York · Decided November 17, 1998
255 A.D.2d 198; 679 N.Y.S.2d 817; 1998 N.Y. App. Div. LEXIS 12447
Hernandez v. Luna Bros.

Opinion of the Court

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about July 3, 1997, which granted defendants’ motion to vacate a default judgment in plaintiffs favor, unanimously affirmed, without costs.

Since defendants adequately demonstrated that there was a reasonable excuse for their default, and that they have a meritorious defense, the judgment entered upon their default was properly vacated (see, Murphy v D. V. Waste Control Corp., 124 AD2d 573). Concur — Ellerin, J. P., Williams, Mazzarelli and Saxe, JJ.

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