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SHMUKLYER v. FEINTUCH COMMUNICATIONS, INC.

5657N. 656263/16.

158 A.D.3d 469 (2018)

70 N.Y.S.3d 490

2018 NY Slip Op 00908

OLGA SHMUKLYER, Appellant, v. FEINTUCH COMMUNICATIONS, INC., Respondent.

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

Decided February 8, 2018.

"A defendant seeking to vacate a default under [CPLR 5015 (a)] must demonstrate a reasonable excuse for its delay in appearing and answering the complaint and a meritorious defense to the action" (Eugene Di Lorenzo, Inc. v A. C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]). Moreover, "section 5015 (a) does not provide an exhaustive list as to when a default judgment may be vacated. Indeed, the drafters of that provision intended that...

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