- Bookmark
- Share
- CaseIQ
GARKUSHA v. MUTUAL OF OMAHA INSURANCE COMPANY
Appellate Division of the Supreme Court of New York, Second Department.
Mar 1, 1999
Ordered that the order is affirmed, with costs.
On his motion pursuant to CPLR 5015 (a) to vacate his default in responding to the defendant's motion for summary judgment, the plaintiff was required to demonstrate a reasonable excuse for his default and a meritorious (1) cause of action, and (2) defense to the counterclaim ( see, Medric Constr. v. J.W. Mays, Inc., 230 A.D.2d 832; Peterson v. Scandurra Trucking Co., 226 A.D.2d 691). As he failed to satisfy these requirements, the Supreme Court properly denied his motion.
O'Brien, J. P., Ritter, Joy and Altman, JJ., concur.
x
Alert
Please log in or sign up for a free trial to access this feature.