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MENA v. CHOON-KET KONG

269 A.D.2d 575 (2000)

703 N.Y.S.2d 923

MILAGROS MENA et al., Respondents, v. CHOON-KET KONG et al., Appellants.

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

Decided February 28, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the order dated December 10, 1997, is vacated.

A court may excuse a default in answering upon a showing of a meritorious defense and a justifiable excuse for the default (see, CPLR 5015 [a] [1]; Fox v Bicanic, 163 A.D.2d 272). The affidavit of the defendant Choon-Ket Kong established a meritorious defense to the action. In addition...

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