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MATTER OF TRANSPORTATION INSURANCE COMPANY v. MUELLER

268 A.D.2d 526 (2000)

701 N.Y.S.2d 655

In the Matter of TRANSPORTATION INSURANCE COMPANY, Appellant, v. KYLE MUELLER, Respondent.

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

Decided January 24, 2000.

Ordered that the order dated December 18, 1998, is reversed, on the law, with costs, the motion is denied, and the order dated December 8, 1997, is reinstated.

It is well settled that a party seeking to vacate a default must demonstrate both a meritorious claim and a reasonable excuse for the default (see, CPLR 5015 [a] [1]; Matter of Atlantic Mut. Ins. Co. v Shaw, 222 A.D.2d 581). Here, the respondent's motion failed...

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