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RODGERS v. 66 EAST TREMONT HEIGHTS HOUSING DEVELOPMENT FUND CORPORATION

1679, 24306/06

69 A.D.3d 510 (2010)

893 N.Y.S.2d 55

2010 NY Slip Op 552

ANNIE RODGERS, Appellant, v. 66 EAST TREMONT HEIGHTS HOUSING DEVELOPMENT FUND CORPORATION, Respondent.

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

Decided January 26, 2010.

It is well settled that a defendant seeking to vacate a judgment entered upon its default in appearing and answering the complaint must demonstrate a reasonable excuse for the delay, as well as a meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]). What constitutes a reasonable excuse for a default generally lies within the sound discretion of...

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