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GARY SVENDSEN, Appellant, v. PROFESSIONAL BUSINESS SYSTEMS, INC., Respondent, and TENNSCO CORP., Sued Herein as TENNESCO CORP., Defendant and Third-Party Plaintiff-Respondent. HOME PLACE, Third-Party Defendant-Respondent.

Ordered that the order is affirmed insofar as appealed from, with costs.

To vacate a default, a plaintiff must establish both a reasonable excuse for the default and a meritorious claim ( see CPLR 5015 [a] [1]; Santiago v. New York City Health Hosps. Corp., 10 AD3d 393). The plaintiff failed to demonstrate a meritorious cause of action against the defendants Professional Business Systems, Inc., and Tennsco Corp., sued herein as Tennesco Corp. Accordingly, the Supreme Court providently declined to vacate so much of the order dated December 5, 2001, as granted the unopposed separate motions of Professional Business Systems, Inc., and Tennesco Corp. for summary judgment dismissing the complaint insofar as asserted against them ( see Matter of C.N.A. v. Jae Jim Shim, 290 AD2d 438, 439; Greene v. New York City Hous. Auth., 283 AD2d 458, 459).

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SVENDSEN v. PROF. BUSINESS SYSTEMS, INC
(Nov 22, 2004)