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FURON CONSTRUCTION, INC. v. VELEZ

Appellate Division of the Supreme Court of New York, Second Department.
Nov 28, 1994

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

It is well-settled that a default judgment may be vacated in the sound discretion of the trial court upon the movant's showing of an excusable default as well as a meritorious defense (see, CPLR 5015 [a]; Perellie v. Crimson's Rest., 108 A.D.2d 903; Fiore v. Galang, 64 N.Y.2d 999; County of Nassau v. Cedric Constr. Corp., 100 A.D.2d 890; McCargar v. Welser, 109 A.D.2d 1053). In the case at bar, the defendant failed to demonstrate either. Ritter, J.P., Santucci, Friedmann and Goldstein, JJ., concur.