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BENSON PARK ASSOCIATES, LLC v. HERMAN

2733, 102966/08

73 A.D.3d 464 (2010)

899 N.Y.S.2d 614

BENSON PARK ASSOCIATES, LLC, Respondent, v. ALEXANDER HERMAN, Appellant.

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

Decided May 6, 2010.

In the underlying action, defendant failed timely to file an answer on behalf of plaintiff, and a default judgment was entered against it (Mega Constr. Corp. v Benson Park Assoc., LLC, 60 A.D.3d 826 [2d Dept 2009]).

A party seeking to vacate a judgment on the basis of excusable default must demonstrate both a reasonable excuse and a meritorious defense (Mutual Mar. Off....

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