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CARROLL v. NOSTRA REALTY CORPORATION

54 A.D.3d 623 (2008)

864 N.Y.S.2d 10

SAMANTHA CARROLL et al., Appellants, v. NOSTRA REALTY CORPORATION, Respondent. (And a Third-Party Action.)

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

September 23, 2008.

It is well established that in order to obtain relief from a judgment or order on the basis of an excusable default pursuant to CPLR 5015 (a) (1), the moving party must provide a reasonable excuse for the failure to appear and must further demonstrate that the case or defense has merit (Goldman v Cotter, 10 A.D.3d 289 [2004]). Assessment of the sufficiency of the proffered excuse and the adequacy of merit rests within the sound discretion...

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