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NATIONAL COMMERCE EXCH. OF LONG IS., INC. v. CJSFH CORP.

2007-896 N C.

2008 NY Slip Op 51547 (U)

NATIONAL COMMERCE EXCHANGE OF LONG ISLAND, INC., Respondent, v. CJSFH CORP. D/B/A EN-TOTO COUTURE and MICHAEL STROWS, Appellants.

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

Decided July 10, 2008.

In order to vacate the default judgment pursuant to CPLR 5015 (a) (1), defendants were required to establish both a reasonable excuse for the default and a meritorious defense to the action (see Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co., 67 N.Y.2d 138 [1986]). Defendants' excuse of law office failure (CPLR 2005) was not reasonable under the circumstances presented. The facts alleged by defendants' counsel in regard to the excuse...

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