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ZIMET v. ROSEMARY BUFANO

Appellate Division of the Supreme Court of New York, Second Department.
Sep 8, 2009
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Ordered that the order is reversed, on the law, with costs, and the defendant's motion to vacate the judgment is granted.

In order to prevail on a motion to vacate a judgment entered upon default, a defendant is required to demonstrate both a reasonable excuse for its default and a meritorious defense ( see Fekete v Camp Skwere, 16 AD3d 544, 545; Amato v Fast Repair, Inc., 15 AD3d 429; Costanza v Gold, 12 AD3d 551, 552; Czarnik v Urban, 10 AD3d 627). In this case, the defendant provided a reasonable excuse for her default. In addition, the defendant demonstrated the existence of a potentially meritorious defense, including whether the claims made by the plaintiff in this case had been settled by the parties in 2001 during prior litigation.