Zanani v. Schvimmer
Opinion of the Court
In an action, inter alia, to set aside an allegedly fraudulent
Ordered that the order is affirmed insofar as appealed from, with costs.
A party seeking to vacate a default in appearing pursuant to CPLR 5015 (a) (1) must demonstrate both a reasonable excuse for the default and the existence of a potentially meritorious defense (see e.g. Wauchope v Williams, 71 AD3d 876, 877 [2010]; HSBC Bank USA N.A. v Nuteh 72 Realty Corp., 70 AD3d 998 [2010]). The appellant failed to meet that burden. Its remaining contentions are without merit. Prudenti, PJ., Rivera, Santucci and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.