Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

SCHULTZ v. RUGGIERO

Appellate Division of the Supreme Court of New York, Second Department.
Apr 6, 1987

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

A party attempting to vacate a judgment on the ground of excusable default (CPLR 5015 [a] [1]) must establish both that there is a reasonable excuse for the default and that there exists a meritorious claim or defense (see, Passalacqua v Banat, 103 A.D.2d 769). The default in the instant case was not excusable and the existence of a meritorious defense was not established. Mollen, P.J., Brown, Weinstein, Eiber and Harwood, JJ., concur.