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CHRYSLER FIN. CORP. v. AUDAIN

2007-538 K C.

2008 NY Slip Op 51503 (U)

CHRYSLER FINANCIAL CORPORATION, Respondent, v. ALEX AUDAIN, Defendant, and CLAUDETTE AUDAIN, Appellant. ALEX AUDAIN and CLAUDETTE AUDAIN, Third-Party Plaintiffs, METRO AUTO MALL, Third-Party Defendant.

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

Decided July 18, 2008.

A defendant seeking to vacate a judgment on the ground of excusable default (CPLR 5015 [a] [1]) is required to demonstrate a reasonable excuse for the default and the existence of a meritorious defense to the action (see Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co., 67 N.Y.2d 138 [1986]). The record establishes that defendant Claudette Audain failed to serve and file an answer. In moving to vacate the default judgment, defendant...

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