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PISACRETA v. MINNITI

265 A.D.2d 540 (1999)

697 N.Y.S.2d 160

PAUL A. PISACRETA, Appellant, v. JOSEPH A. MINNITI et al., Respondents.

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

Decided October 25, 1999.

Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is granted.

To successfully oppose a motion for leave to enter a judgment based upon the failure to serve an answer or appear in an action, the defendants must demonstrate a reasonable excuse for the default and a meritorious defense (see, Gurreri v Village of Briarcliff Manor, 249 A.D.2d 508).

In opposing the plaintiff's motion...

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