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LARACUENTE v. BATIA REALTY CORP.

56 A.D.3d 294 (2008)

868 N.Y.S.2d 12

CELECE LARACUENTE, an Infant, by Her Mother and Natural Guardian, DEBBIE VELEZ, et al., Appellants, v. BATIA REALTY CORPORATION et al., Respondents.

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

November 13, 2008.

A party seeking vacatur of a default judgment pursuant to CPLR 5015 must demonstrate both a reasonable excuse for the default and a meritorious cause of action (Crespo v A.D.A. Mgt., 292 A.D.2d 5 [2002]). In this matter, defendants attribute their inaction to the dismissal of a prior action filed by plaintiffs in New York County based on the identical facts and theory of liability. Defendants...

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