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MALON 433, INC. v. METRO ELECTRICAL CONTRACTORS, INC.

10464. 153166/17.

178 A.D.3d 439 (2019)

111 N.Y.S.3d 172

2019 NY Slip Op 08630

Malon 433, Inc., Respondent, v. Metro Electrical Contractors, Inc., Appellant, et al., Defendant.

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

Decided December 3, 2019.

Attorney(s) appearing for the Case

Alter & Barbaro, Brooklyn ( Nichole Bishop Castillo of counsel), for appellant.

Peyrot & Associates, P.C., New York ( David C. Van Leeuwen of counsel), for respondent.

Concur—Friedman, J.P., Oing, Singh, Moulton, JJ.

Defendant failed to demonstrate both evidence of excusable default and a meritorious defense (CPLR 5015[a]; US Bank N.A. v Brown, 147 A.D.3d 428, 429 [1st Dept 2017]). Although a court has discretion to treat a motion made under CPLR 5015(a) as having been made as well under CPLR 317, which does not require defendant to show reasonable excuse for its default, but only a showing of a meritorious defense, here defendant does not deny...

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