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KAPLINSKY v. MAZOR

307 A.D.2d 916 (2003)

762 N.Y.S.2d 902

MARK KAPLINSKY, Respondent, v. ISAAC MAZOR et al., Appellants.

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

Decided August 4, 2003.

Ordered that the notice of appeal from the order dated May 23, 2002, is deemed a premature notice of appeal from the judgment entered July 24, 2002 (see CPLR 5520 [c]); and it is further,

Ordered that the judgment is affirmed, with costs.

A defendant seeking to vacate a default in appearing or answering must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see CPLR 5015 [a] [1]; O'Leary v Noutsis...

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