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ASSOCIATED MUTUAL INSURANCE COMPANY v. KIPP'S ARCADIAN II, INC.

300 A.D.2d 425 (2002)

750 N.Y.S.2d 888

ASSOCIATED MUTUAL INSURANCE COMPANY, Plaintiff, v. KIPP'S ARCADIAN II, INC., Doing Business as KIPP'S PHARMACY, et al., Defendants. (Action No. 1.) EXCHANGE INSURANCE COMPANY, Plaintiff, v. KIPP'S ARCADIAN II, INC., Doing Business as KIPP'S PHARMACY, et al., Defendants. (Action No. 2.) CONTINENTAL CASUALTY COMPANY, Plaintiff, v. SAN REALTY CORP. et al., Defendants. (Action No. 3.) COMMERCIAL UNION INSURANCE COMPANY, Plaintiff, v. SAN REALTY CORP. et al., Defendants. (Action No. 4.) AETNA CASUALTY & SURETY COMPANY et al., Plaintiffs, v. SAN REALTY CORP. et al., Defendants. (Action No. 5.) ANTHONY A. VASSALLO, Appellant, v. SAN REALTY CORP. et al., Defendants, and FANNING ELECTRIC COMPANY, INC., Respondent. (Action No. 6.)

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

Decided December 16, 2002.

Ordered that the order is affirmed, with costs.

It is well settled that a defendant seeking to vacate a default must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see CPLR 5015 [a] [1]; Parker v City of New York, 272 A.D.2d 310; Piacentini v Mineola Union Free School Dist., 267 A.D.2d 290, 291; Kolajo v City of New York...

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