BEKKER v. FLEISCHMAN


35 A.D.3d 334 (2006)

825 N.Y.S.2d 270

GRIGORY BEKKER, Appellant, v. SAMUEL FLEISCHMAN, Respondent.

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

Decided December 5, 2006.


Ordered that the order dated April 8, 2005, is reversed, on the facts and in the exercise of discretion, with costs, the defendant's motion to vacate the order dated November 12, 2004, and to compel him to accept an untimely answer is denied, and the order dated November 12, 2004, is reinstated.

A defendant seeking to vacate an order entered upon his or her default must demonstrate both a reasonable excuse for the delay in appearing and answering the complaint and...

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