ABRASH v. LAVENDER


119 A.D.2d 785 (1986)

Bruce Abrash et al., Appellants, v. Martin Lavender, Doing Business as Dunlop Construction, Respondent

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

April 28, 1986


Order affirmed, without costs or disbursements.

A court is authorized to vacate a default judgment pursuant to the provisions of CPLR 5015 upon a showing of an excusable default and a meritorious defense. In the case at bar, the defendant attributed his default to his good-faith belief that he was improperly served and that his attorney was handling the matter. Furthermore, he offered some evidence in support of his claim that he had a meritorious defense.

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