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MEDIA SOUND, INC. v. MARYLAND CAS. INS. CO.

162 A.D.2d 224 (1990)

Media Sound, Inc., et al., Appellants, v. Maryland Casualty Insurance Company et al., Respondents

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

June 14, 1990

Although courts favor the determination of actions on the merits (see, N & J Foods v Shopwell Plaza Corp., 63 A.D.2d 899), this will not justify vacating a default judgment where the moving party fails to satisfy the two-prong burden of showing merit to the action and a reasonable excuse for the default (Eisenstein v Rose, 135 A.D.2d 369, 370).

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