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BROWN v. KATHRYN SUGGS

38 A.D.3d 329 (2007)

832 N.Y.S.2d 36

RAQUEL BROWN, Respondent, v. WILLIE KATHRYN SUGGS, Doing Business as WILLIE KATHRYN SUGGS LIC. REAL ESTATE BROKERS, Appellant, et al., Defendants.

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

Decided March 15, 2007.

While it is generally preferable to have cases determined on their merits (see Andrews v Petriga, 280 A.D.2d 374 [2001]), a party seeking to vacate a default must demonstrate a reasonable excuse (CPLR 5015 [a] [1]) and a meritorious claim (Gray v B. R. Trucking Co., 59 N.Y.2d 649 [1983]). Defendant twice failed to appear in court—once for a conference and once on the return date of...

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