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RIVERA v. SHYPRI REALTY CORP.

Index No. 301882/15E. Appeal Nos. 14306-14306A. Case No. 2021-00124.

198 A.D.3d 448 (2021)

152 N.Y.S.3d 565

2021 NY Slip Op 05406

Raquel Rivera, Appellant, v. Shypri Realty Corp. et al., Respondents.

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

Decided October 7, 2021.

Attorney(s) appearing for the Case

Ami Morgenstern, PLLC, Long Island City ( Marc Andrew Williams of counsel), for appellant.

Brooks, Berne & Herndon PLLC, Elmsford ( Richard W. Berne of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Moulton, González, Pitt, JJ.

A party seeking to vacate a default must demonstrate a reasonable excuse for failing to appear and a meritorious cause of action (see Brown v Suggs, 38 A.D.3d 329, 330 [1st Dept 2007]). Assessment of the sufficiency of the proffered excuse and dequacy of the merits, rests within the sound discretion of the court (see Mediavilla v Gurman, 272 A.D.2d 146, 148 [1st Dept 2000]).

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