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ELLEN B. LEHRMAN, appellant, v. LAKE KATONAH CLUB, INC., respondent.

ORDERED that the order is affirmed, with costs.

It is well settled that on a motion to vacate a default pursuant to CPLR 5015(a)(1), a movant must demonstrate a reasonable excuse for the default and a meritorious cause of action or defense (see Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 N.Y.2d 831; Eugene Di Lorenzo, Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138; Fiore v. Galang, 64 N.Y.2d 999; Barasch v. Micucci, 49 N.Y.2d 594). The Supreme Court providently exercised its discretion in excusing the defendant's default in answering the complaint. The defendant presented proof that the parties had entered into settlement negotiations and that the plaintiff's attorney never mentioned that he would enter a default judgment (see Swain v. Janzen, 121 A.D.2d 378; Haviaris v. 25 Broadway Corp., 93 A.D.2d 789). Moreover, the defendant's proof was sufficient to establish a meritorious defense (see Concepcion v. Talon Realty Corp., 258 A.D.2d 494; Anamdi v. Anugo, 229 A.D.2d 408).

SANTUCCI, J.P., SMITH, KRAUSMAN, H. MILLER and ADAMS, JJ., concur.

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LEHRMAN v. LAKE KATONAH CLUB, INC
(Jun 3, 2002)