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CARDONA v. SPICER

17 A.D.3d 389 (2005)

792 N.Y.S.2d 335

JACQUELINE CARDONA et al., Appellants, v. EBONY SPICER et al., Respondents.

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

April 11, 2005.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendants' motion is denied, and the order dated May 25, 2004, and the note of issue are reinstated.

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

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