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UNIVERSAL ELECTRIC CORP. v. RENEWAL ARTS CONTRACTING CORP.

281 A.D.2d 623 (2001)

722 N.Y.S.2d 187

UNIVERSAL ELECTRIC CORP., Respondent, v. RENEWAL ARTS CONTRACTING CORP., Appellant, COUNTY ASPHALT, INC., Respondent, et al., Defendants.

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

Decided March 26, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

A party seeking to vacate a default must demonstrate both a reasonable excuse for the default and the existence of a meritorious claim or defense. The determination of what constitutes a reasonable excuse for a default lies within the sound discretion of the court. The appellant did not demonstrate a reasonable excuse for the default or a meritorious defense to the claim. Thus, the Supreme Court...

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