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SECCOMBE v. SERAFINA RESTAURANT CORP.

2 A.D.3d 516 (2003)

767 N.Y.S.2d 875

PATRICIA SECCOMBE, Appellant, v. SERAFINA RESTAURANT CORP. et al., Respondents.

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

December 8, 2003.

Ordered that the order is affirmed, with costs.

A party seeking to vacate a default in appearing or answering must demonstrate a justifiable excuse for the default and a meritorious defense (see Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]). The defendants reasonably relied on the insurer of the defendant Serafina Restaurant Corp. (hereinafter Serafina) to interpose an answer after the defendant Frank...

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