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SEGOVIA v. DELCON CONSTRUCTION CORP.

43 A.D.3d 1143 (2007)

842 N.Y.S.2d 536

DARWIN SEGOVIA, Plaintiff, v. DELCON CONSTRUCTION CORP. et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendants. SITE SAFETY, LLC, Third-Party Defendant-Appellant.

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

Decided September 25, 2007.

Ordered that the order is affirmed, with costs.

A defendant seeking to vacate a default in appearing or answering must demonstrate a reasonable excuse for the default and a meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]; Canty v Gregory, 37 A.D.3d 508 [2007]; Mjahdi v Maguire,

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