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GRINKORN v. SEELEY

30 A.D.3d 376 (2006)

816 N.Y.S.2d 549

JOSEPH GRINKORN, Appellant, v. JOSEPH SEELEY, Doing Business as SEELEY CONTRACTING, et al., Respondents.

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

June 6, 2006.

Ordered that the order is affirmed, with one bill of costs.

CPLR 5015 (a) allows a court to vacate a default entered against a party "upon such terms as may be just" if the default was "excusable" (CPLR 5015 [a] [1]). In order to establish that a default is excusable, a party must show both a reasonable excuse for the default and a meritorious cause of action or defense (see Zeltser v Sacerdote, 24...

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