Poler Contracting, Inc. v. 3311 Shore Parkway Realty Corp.
Opinion of the Court
—In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Kings County (G. Aronin, J.), dated February 15, 2001, which granted the
Ordered that the order is affirmed, with costs.
A defendant seeking to vacate a judgment entered upon its default in answering a complaint must demonstrate both a reasonable excuse for its default and the existence of a meritorious defense (see, Roussodimou v Zafiriadis, 238 AD2d 568). Since the defendant satisfied both requirements, the Supreme Court properly granted its motion to vacate the default judgment entered July 28, 2000, on condition that the judgment stand as security pending the disposition of the action. S. Miller, J. P., McGinity, Schmidt and Townes, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.