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CATANZARO v. WALLENSTEIN
Appellate Division of the Supreme Court of New York, Second Department.
May 3, 2004
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DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
A plaintiff attempting to vacate a default in opposing a motion to dismiss the complaint must demonstrate both a reasonable excuse for the default and a meritorious cause of action ( see Vaval v. Malone, 2 A.D.3d 839; Katsnelson v. ELRAC, Inc., 304 A.D.2d 619). The plaintiff failed to meet this burden. Accordingly, the Supreme Court providently exercised its discretion in denying the plaintiff's motion.
RITTER, J.P., S. MILLER, TOWNES, CRANE and RIVERA, JJ., concur.
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