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D'AGOSTINO v. FRANKLIN

2 A.D.3d 666 (2003)

768 N.Y.S.2d 636

CHARLES A. D'AGOSTINO, JR., Appellant, v. ROBERT S. FRANKLIN et al., Respondents.

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

December 22, 2003.

Ordered that the orders are affirmed, with one bill of costs.

It is well established that a party seeking to vacate a default in answering or appearing must make a showing of a justifiable excuse for the default, and a meritorious defense (see Hazen v Bottiglieri, 286 A.D.2d 708 [2001]; Miles v Blue Label Trucking, 232 A.D.2d 382 [1996]). In this case, the defendants made a sufficient...

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