O'DONNELL v. FRANGAKIS

2009-11531

76 A.D.3d 999 (2010)

PATRICIA O'DONNELL, Appellant, v. CONSTANTINA FRANGAKIS, Respondent.

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

Decided September 21, 2010.


Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the defendant's motion to vacate the order dated May 14, 2009, is denied.

A defendant seeking to vacate an order or judgment entered upon his or her default in appearing and answering the complaint "must demonstrate a reasonable excuse for [his or her] delay in appearing and answering the complaint and a potentially meritorious defense to the action" (see Eugene Di...

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