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FORT MADISON ASSOCIATES v. CALDARARO

280 A.D.2d 581 (2001)

720 N.Y.S.2d 808

FORT MADISON ASSOCIATES, Appellant, v. JOHN CALDARARO, Respondent, et al., Defendants.

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

Decided February 20, 2001.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the respondent's motion is denied, and the judgment is reinstated.

A party attempting to vacate a default judgment must establish both a reasonable excuse for the default and a meritorious defense (see, Putney v Pearlman, 203 A.D.2d 333). While the determination as to whether a party has established a reasonable excuse for a default...

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