LA GRIGLIA, INC. v. FIREMEN'S INS. COMPANIES

Mikoll, J.P.

A party seeking to vacate a default must demonstrate a reasonable excuse for the default, a meritorious claim and the absence of willfulness (Ryan v Ryan, 177 A.D.2d 895). Plaintiff has failed to demonstrate legal merit to his claim or a legitimate excuse for his willful failure to appear for trial on the date set by court order as a day certain. There was no abuse of Supreme Court's discretion in denying the motion to vacate the default judgments.

Yesawich Jr., Mercure, Crew III and Mahoney, JJ., concur. Ordered that the orders are affirmed, with one bill of costs.