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CATON v. LLOYD

138 A.D.2d 442 (1988)

Oswald Caton, Respondent, v. Winston Lloyd, Appellant

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

March 14, 1988

Ordered that the order is affirmed, with costs.

In order to vacate his default, the defendant was required to "allege and factually establish the existence of a meritorious defense to [the] plaintiff's claim[s]" (County Asphalt v North Rockland Underground Corp., 96 A.D.2d 570). Contrary to the defendant's contention on appeal, his affidavit of merit submitted in support of his cross motion "did not contain sufficient factual...

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