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TADDEO-AMENDOLA v. 970 ASSETS, LLC

2009-07718

72 A.D.3d 677 (2010)

897 N.Y.S.2d 642

CARMINA TADDEO-AMENDOLA et al., Respondents, v. 970 ASSETS, LLC, et al., Appellants, et al., Defendant.

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

Decided April 6, 2010.

Ordered that the order is affirmed, with costs.

"A defendant seeking to vacate a default in answering a complaint must demonstrate a justifiable excuse for the default and a meritorious defense to the action (see CPLR 5015 [a] [1]; Caputo v Peton, 13 A.D.3d 474 [2004]; Glibbery v Cosenza & Assoc., 4 A.D.3d 393 [2004])" (Fekete v Camp Skwere, 

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