CAPITOL BUILDING CORP. v. PETSCO & SON


273 A.D.2d 336 (2000)

711 N.Y.S.2d 731

CAPITOL BUILDING CORP., Appellant, v. PETSCO & SON et al., Respondents.

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

Decided June 19, 2000.


Ordered that the order is affirmed, with costs.

To vacate a default in answering, a defendant must show a meritorious defense and a justifiable excuse for the default (see, CPLR 5015 [a] [1]; Miles v Blue Label Trucking, 232 A.D.2d 382). The defendant Petsco & Son, a/k/a Prospect Street Construction Corp., d/b/a Petsco & Son, sufficiently established these elements to justify vacating the judgment dated June...

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