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SOFFER v. MONTANEZ

Index No. 654516/12. Appeal Nos. 14524-14524A-14524B. Case No. 2021-01859.

198 A.D.3d 606 (2021)

156 N.Y.S.3d 192

2021 NY Slip Op 05935

Bruce Soffer et al., Respondents, v. Danny Montanez, Appellant, et al., Defendants.

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

Decided October 28, 2021.

Attorney(s) appearing for the Case

Voldz Law, P.C., New York ( Jason S. Matuskiewicz of counsel), for appellant.

Winograd & Winograd P.C., New York ( Corey Winograd of counsel), for respondents.

Concur—Renwick, J.P., González, Kennedy, Scarpulla, Rodriguez, JJ.

A party seeking to vacate a judgment entered upon default under CPLR 5015(a)(1) must show a reasonable excuse for the default as well as a potentially meritorious defense (see Leader v Parkside Group, 174 A.D.3d 420 [1st Dept 2019], lv dismissed 33 N.Y.3d 1111 [2019]). Here, we find that defendant provided a reasonable excuse for his failure to appear for compliance conferences scheduled in the action, which...

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