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MATTER OF BARETTO v. COOPER SQUARE CMTY. DEV. COMM. & BUSINESSMEN'S ASS'N, INC.

155 A.D.2d 366 (1989)

In the Matter of Carmen Baretto et al., Appellants, v. Cooper Square Community Development Committee and Businessmen's Association, Inc., Respondent

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

November 28, 1989

To vacate a default judgment pursuant to CPLR 5015 (a) (1) movants are required to demonstrate that the default is excusable and that the action is meritorious. (See, Scopino v St. Joseph's Hosp., 142 A.D.2d 569 [2d Dept 1988].) Petitioners here failed to meet either burden and particularly failed to show that their action to inspect the respondent's membership list, pursuant to Not-For-Profit Corporation Law § 621, was...

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