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FRANKLIN & GRINGER, P.C. v. ANDREA DOREEN LTD.

302 A.D.2d 426 (2003)

754 N.Y.S.2d 887

FRANKLIN & GRINGER, P.C., Respondent-Appellant, v. ANDREA DOREEN LTD. et al., Appellants-Respondents.

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

Decided February 10, 2003.

Ordered that the cross appeal is dismissed, without costs or disbursements, as the plaintiff is not aggrieved by the order cross-appealed from (see CPLR 5511); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

To vacate a judgment entered upon a default in appearing or answering the complaint, a defendant must demonstrate both a reasonable excuse for the default...

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