WILF v. HALPERN


234 A.D.2d 154 (1996)

651 N.Y.S.2d 30

Leonard A. Wilf, Individually and as Executor of Harry Wilf, Deceased, et al., Respondents, v. Israel Halpern, Appellant

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

December 17, 1996


In order to vacate a default judgment pursuant to CPLR 5015 (a), the movant must establish that the default was excusable and that there is a meritorious defense to the action. The sole excuse for the default proffered by defendant — that he was unaware of plaintiffs' motion, made in March 1995 and granted in April 1995, until November 7, 1995 — was correctly described by the IAS Court as "demonstrably false", in that defendant had annexed to his motion papers...

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