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LEGEND TRAVEL & TOURS, INC. v. CONTINENTAL AIRLINES, INC.

24 A.D.3d 112 (2005)

804 N.Y.S.2d 248

LEGEND TRAVEL & TOURS, INC., Doing Business as LEGEN.COM, Appellant, v. CONTINENTAL AIRLINES, INC., Respondent, et al., Defendants.

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

December 1, 2005.

Vacatur of an order on the ground of excusable default requires a demonstration of both a reasonable excuse and the legal merit of the asserted claim or defense (see Dimitratos v. City of New York, 180 A.D.2d 414 [1992]). The excuse proffered by plaintiff for its default, namely its former counsel's incapacity, was not substantiated and, as such, was properly deemed insufficient by the motion court (see Matter of Gavrin, ...

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