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ZIMET v. BUFANO

65 A.D.3d 1037 (2009)

884 N.Y.S.2d 880

GARY J. ZIMET, Respondent, v. ROSEMARY BUFANO, Appellant, et al., Defendant.

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

Decided September 8, 2009.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion to vacate the judgment is granted.

In order to prevail on a motion to vacate a judgment entered upon default, a defendant is required to demonstrate both a reasonable excuse for its default and a meritorious defense (see Fekete v Camp Skwere, 16 A.D.3d 544, 545 [2005]; Amato v Fast Repair, Inc., 15 A.D.3d 429

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