Ordered that the order is reversed, on the facts and as an exercise of discretion, with costs, the motion is granted, the order dated October 31, 2003, is vacated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.
A party seeking to vacate an order entered upon its default is required to demonstrate both a reasonable excuse for the default and the existence of a meritorious cause of action or defense (
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.