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M. D. & SON CONTRACTING, INC. v. AM. PROPS., INC.

179 A.D.2d 519 (1992)

M. D. & Son Contracting, Inc., Appellant, v. American Properties, Inc., et al., Respondents

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

January 21, 1992

It is well settled that whether or not to relieve a party from a judgment or order entered on default is a matter left to the sound discretion of the trial court. (CPLR 5015; Fidelity & Deposit Co. v Andersen & Co., 60 N.Y.2d 693.) The party seeking the relief must advance a reasonable excuse for the default and demonstrate the meritoriousness of its claim. (Supra.) Here the court at IAS did not abuse its discretion...

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