PEREZ v. VILLA JOSEFA REALTY CORP

Defendant was required to show both a meritorious defense and reasonable excuse for the default (see, Brusco v. St. Clare's Hosp., 128 A.D.2d 390, 391, lv denied 70 N.Y.2d 606, appeal dismissed 70 N.Y.2d 692). Plaintiff does not dispute on appeal that defendant showed a meritorious defense. Under the circumstances of this case, we decline to disturb the motion court's acceptance of defendant's excuse, which acceptance was within its discretion (see, Hunter v. Enquirer-Star, 210 A.D.2d 32, 33).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.