ZANANI v. SCHVIMMER

Appellate Division of the Supreme Court of New York, Second Department.

Jul 13, 2010

Judgment

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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; HSBC Bank USA N.A. v Nuteh 72 Realty Corp., 70 AD3d 998). The appellant failed to meet that burden. Its remaining contentions are without merit.