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COOPER v. COOPER

55 A.D.3d 866 (2008)

866 N.Y.S.2d 724

BARRY COOPER, Respondent, v. MARK COOPER, Appellant.

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

October 28, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

A defendant seeking to vacate a default in appearing or answering must demonstrate a reasonable excuse for the default and a meritorious defense to the action (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]; Canty v Gregory, 37 A.D.3d 508 [2007]; Mjahdi...

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