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HUNTER v. ENQUIRER/STAR, INC.

210 A.D.2d 32 (1994)

619 N.Y.S.2d 268

Heather Hunter, Respondent, v. Enquirer/Star, Inc., et al., Appellants

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

December 6, 1994

An application to vacate an order of default may be granted if the movant can establish that the default was excusable and the existence of a meritorious claim. A determination of what constitutes a reasonable excuse for a default lies within the sound discretion of the court (CPLR 5015 [a] [1]; 38 Holding Corp. v City of New York, 179 A.D.2d 486, 487). CPLR 2005 specifically permits the...

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