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CENTRAL CITY BROKERAGE CORPORATION v. ACOSTA

49 A.D.3d 455 (2008)

853 N.Y.S.2d 545

CENTRAL CITY BROKERAGE CORPORATION, Respondent, v. RUBEN ACOSTA, Appellant, et al., Defendant.

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

Decided March 25, 2008.

A party seeking to vacate a default must demonstrate both a reasonable excuse for his nonappearance and a meritorious defense to the action (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]). Even assuming that Acosta had a viable defense to plaintiff's demand for a broker's commission, he has failed to show a reasonable excuse for his default (see Residential Bd. of Mgrs. of 99 Jane St. Condominium...

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