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FLEET MECH. SERV. CORP. v. ROMAZ PROPS., LTD.

2008-00154

2008 NY Slip Op 07210

FLEET MECHANICAL SERVICE CORP., respondent, v. ROMAZ PROPERTIES, LTD., appellant.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Kirschenbaum & Phillips, P.C., Levittown, N.Y. (Michael L. Kohl of counsel), for appellant.

Agusta & Ross, Glendale, N.Y. (Michael J. Agusta of counsel), for respondent.

Before: Steven W. Fisher, J.P., Robert A. Lifson, Joseph Covello, Ruth C. Balkin, Ariel E. Belen, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

In a prior order, the Supreme Court vacated a previous default judgment entered against the defendant, and restored the matter to the trial calendar. The defendant then failed to appear for trial. "To vacate its default in appearing for trial, the defendant was required to demonstrate both a reasonable excuse for the default and the existence of a meritorious defense" (McClaren v Bell Atl...

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