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HELEN KELLER SERVS. FOR THE BLIND v. 510 GATES AVE., INC.

206 A.D.2d 459 (1994)

614 N.Y.S.2d 934

Helen Keller Services for the Blind, Plaintiff, v. 510 Gates Avenue, Inc., Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. Gates Avenue Housing Development Fund Corp., Third-Party Defendant-Appellant

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

July 18, 1994

Ordered that the judgment is affirmed, with costs.

A party seeking to vacate a default must demonstrate a reasonable excuse for the delay and the existence of a meritorious defense (see, Gray v B.R. Trucking Co., 59 N.Y.2d 966; Almodovar v All State Gen. Bldg. & Remodeling Contrs., 166 A.D.2d 396). The failure by the third-party defendant to demonstrate a legally cognizable...

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