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ENERGY BRANDS, INC. v. UTICA MUTUAL INSURANCE COMPANY

38 A.D.3d 591 (2007)

831 N.Y.S.2d 507

ENERGY BRANDS, INC., Appellant, v. UTICA MUTUAL INSURANCE COMPANY et al., Defendants, and JASPAN SCHLESINGER HOFFMAN, LLP, Respondent.

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

Decided March 13, 2007.

Ordered that the order is affirmed, with costs.

The plaintiff moved to vacate an order of the Supreme Court granting the unopposed motion of the defendant Jaspan Schlesinger Hoffman, LLP, inter alia, for summary judgment dismissing the complaint insofar as asserted against it. A party seeking to vacate an order entered upon default is required to demonstrate both a reasonable excuse for the default and the existence of a...

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