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BERGDOLL v. PENTECOSTE

17 A.D.3d 613 (2005)

794 N.Y.S.2d 78

JAMES P. BERGDOLL, Respondent-Appellant, v. MICHAEL PENTECOSTE, Appellant-Respondent.

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

April 25, 2005.

Ordered that the order is reversed, on the law, with costs to the plaintiff, and the motion is denied.

A defendant seeking to vacate a judgment entered upon his or her default in appearing or answering a complaint must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see Mount Sinai Hosp. of Queens v Hertz Corp., 3 A.D.3d 523, 524...

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