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DIBELLA v. PENNINO
Appellate Division of the Supreme Court of New York, Second Department.
Apr 25, 2005
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Ordered that the order is affirmed, with costs.
To vacate his default in opposing the plaintiff's motion, the defendant was required to demonstrate a reasonable excuse for his default and a meritorious defense ( see CPLR 5015 [a] [1]; New York Hosp. Med. Ctr. of Queens v. Clarendon Natl. Ins. Co., 13 AD3d 596; Hirsch v. Monroe Bus Corp., 13 AD3d 486). The defendant failed to present a reasonable excuse for his failure to oppose the plaintiff's motion. Accordingly, the Supreme Court providently exercised its discretion in denying the defendant's motion to vacate his default.
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