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IN THE MATTER OF FRANK GAMBARDELLA, ET AL., RESPONDENTS, v. ORTOV LIGHTING, INC., APPELLANT.

DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

A party seeking to vacate a default must demonstrate both a reasonable excuse for the default and the existence of a meritorious claim or defense (see, Parker v. City of New York, 272 A.D.2d 310; Lovario v. Vuotto, 266 A.D.2d 191; Wynne v. Wagner, 262 A.D.2d 556). The determination of what constitutes a reasonable excuse for a default lies within the sound discretion of the trial court (see, Parker v. City of New York, supra). We agree with the Supreme Court that the appellant did not demonstrate a reasonable excuse for the default or a meritorious defense to the proceeding. Thus, the Supreme Court properly denied the appellant's motion.

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MATTER OF GAMBARDELLA v. ORTOV LIGHTING, INC
(Dec 27, 2000)