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CRUZ-GUZMAN v. 2380-2386 GRAND AVE., LLC

24485/13E. Appeal No. 12771. Case No. 2020-00089.

190 A.D.3d 409 (2021)

135 N.Y.S.3d 639

2021 NY Slip Op 00006

Virginia Cruz-Guzman, Appellant, v. 2380-2386 Grand Ave., LLC, Respondent, et al., Defendant.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Goldstein & Handwerker, LLP, New York ( Jason Levine of counsel), for appellant.

Concur—Webber, J.P., Singh, Kennedy, Shulman, JJ.

In order to vacate a default judgment under CPLR 5015(a)(1) a party must demonstrate both a reasonable excuse for the default and a meritorious cause of action (see On Assignment v Medasorb Tech., LLC, 50 A.D.3d 342, 342 [1st Dept 2008]). Here, the court providently exercised its discretion in denying plaintiff's motion to vacate. Plaintiff failed to present a reasonable excuse for the process server's failure to appear at the traverse...

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