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PERFECT CARE, INC. v. ULTRACARE SUPPLIES

Appellate Division of the Supreme Court of New York, Second Department.
Mar 9, 2010
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Ordered that the order is affirmed, with costs.

To obtain vacatur of an order entered upon their default in answering the complaint, the defendants were required to demonstrate a reasonable excuse for their failure to serve an answer and a meritorious defense to the action ( see CPLR 5015 [a] [1]; Forward Door of N.Y., Inc. v Forlader, 41 AD3d 535; Piton v Cribb, 38 AD3d 741; Fekete v Camp Skwere, 16 AD3d 544, 545). The determination of what constitutes a reasonable excuse lies within the trial court's discretion ( see Santiago v New York City Health Hosps. Corp., 10 AD3d 393, 394; Roussodimou v Zafiriadis, 238 AD2d 568, 569; Grutman v Southgate At Bar Harbor Home Owners' Assn., 207 AD2d 526, 527). We agree with the Supreme Court's determination that the defendants failed to demonstrate a reasonable excuse for their default.