SMALL v. APPLEBAUM


79 A.D.2d 572 (1980)

Sidney P. Small et al., Appellants, v. George Applebaum, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 18, 1980


Unanimously reversed, on the law, with costs and with disbursements, and the motion is denied.

In seeking to vacate the default judgment in this action to recover a broker's fee, it was incumbent upon defendant to show that the default was excusable and that there is a meritorious defense (see 5 Weinstein-Korn-Miller, NY Civ Prac, par 5015.04). In the absence of a showing of both excusable default and a meritorious defense, relief under CPLR 5015 (subd [a]...

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