ACKERMAN v. BERKOWITZ

2017-07372. Index No. 14997/15.

175 A.D.3d 641 (2019)

105 N.Y.S.3d 703

2019 NY Slip Op 06375

David Ackerman, Appellant, v. Sarah Berkowitz et al., Respondents.

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

Decided August 28, 2019.


Ordered that the order dated April 10, 2017, is affirmed, with costs.

In order to vacate his default in appearing for oral argument on April 18, 2016, the plaintiff was required to demonstrate both a reasonable excuse for his failure to appear and a potentially meritorious cause of action (see CPLR 5015 [a] [1]; Option One Mtge. Corp. v Rose, 164 A.D.3d 1251 [2018]). The plaintiff's motion to vacate his default was...

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