TRES, INC. v. CHEEVER DEV. CORP.


213 A.D.2d 627 (1995)

624 N.Y.S.2d 934

TRES, Inc., Respondent, v. Cheever Development Corporation, Appellant

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

March 27, 1995


Ordered that the order is affirmed, with costs.

Since the defendant has not shown a reasonable excuse for its default in opposing the plaintiff's motion for summary judgment, nor a meritorious defense, the court did not err in denying the defendant's motion to vacate the prior order entered upon the defendant's default (see, CPLR 5015 [a] [1]; Fidelity & Deposit Co. v Andersen & Co.,

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