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SHARP v. LEBRON

282 A.D.2d 733 (2001)

724 N.Y.S.2d 354

TODD SHARP, Respondent, v. ANDRES V. LEBRON et al., Appellants.

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

Decided April 30, 2001.

Ordered that the order dated February 24, 2000, is reversed, on the law, with costs, the plaintiff's motion is denied, the order dated October 27, 1999, is reinstated, and the complaint is dismissed.

To vacate an order entered upon default, the movant must demonstrate that the default was excusable and there is a meritorious cause of action or defense (see, CPLR 5015 [a] [1]; Waaland v Weiss, 228 A.D.2d 435). While...

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