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OCASIO v. CITY OF NEW YORK

186 A.D.2d 520 (1992)

Maria Ocasio, Appellant, v. City of New York et al., Respondents. (And a Third-Party Action.)

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

October 29, 1992

CPLR 5015 (a) (1) provides that a court may relieve a party from a judgment or order upon the ground of excusable default. To demonstrate an excusable default, the party seeking to vacate the default judgment must demonstrate both a valid excuse for the default and a meritorious claim in the underlying action (see, Tandy Computer Leasing v Video X Home Lib., 124 A.D.2d 530, 531). In this case plaintiff had notice that an order...

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