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DOBBINS v. VARTABEDIAN

Appellate Division of the Supreme Court of New York, Second Department.
Nov 14, 2005
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Ordered that the order is reversed, on the law and as a matter of discretion, the motion is denied, and the judgment dated December 19, 2002, is reinstated.

To vacate her default in appearing at a pretrial conference, the defendant was required to demonstrate both a reasonable excuse for her default and a meritorious defense ( see CPLR 5015 [a] [1]; Roussodimou v. Zafiriadis, 238 AD2d 568, 568-569). The defendant failed to proffer a reasonable excuse for her failure to appear at numerous court-ordered conferences and to promptly move to vacate her default in appearing at the inquest ( see Amato v. Fast Repair, Inc., 15 AD3d 429; Santiago v. New York City Health Hosps. Corp., 10 AD3d 393, 394; 29-31 N. Sta. Plaza v. Shmulick Constr. Corp., 8 AD3d 472, 473). Accordingly, the Supreme Court improvidently exercised its discretion in granting the defendant's motion to vacate the judgment dated December 19, 2002.