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EAST ISLAND ASS'N, INC. v. CARBONE

150 A.D.2d 422 (1989)

East Island Association, Inc., Appellant, v. Ada Carbone, Respondent

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

May 8, 1989

Ordered that the order is affirmed, with costs.

We find that the Supreme Court erred in its conclusion that the plaintiff sought reargument. Rather the plaintiff sought vacatur of the order dated October 29, 1987, entered upon its default (CPLR 2221). It is well settled that to support a motion to vacate a default the movant must show a reasonable excuse for the default and that the action or defense is meritorious (see, e.g., Schneider v Grubart,

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