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POINCY v. WHITE BUS COMPANY, INC.

278 A.D.2d 467 (2000)

717 N.Y.S.2d 919

HUBERMAN POINCY et al., Respondents, v. WHITE BUS COMPANY, INC., et al., Appellants, et al., Defendant.

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

Decided December 26, 2000.

Ordered that the order is reversed, as a matter of discretion, with costs, the motion is granted, and the answer is reinstated.

It is well settled that a defendant attempting to vacate a default must establish a reasonable excuse for the default, a meritorious defense, and a lack of prejudice to the nonmoving party (see, Morgese v Laro Maintenance Corp., 251 A.D.2d 307; Albin v First Nationwide Network Mtge. Co., ...

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