AYIKU v. VITERITTI


54 A.D.3d 789 (2008)

864 N.Y.S.2d 465

SAMUEL AYIKU, Appellant, v. JOHN VITERITTI et al., Respondents.

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

September 16, 2008.


Ordered that the order entered October 5, 2007 is reversed, on the facts and in the exercise of discretion, with costs, the defendants' motion to vacate the order entered May 21, 2007 is denied, and the order entered May 21, 2007 is reinstated.

The defendants, who sought to have their default in appearing or timely answering the complaint vacated, were required to demonstrate both a reasonable excuse for their default and the existence of a meritorious defense (

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