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DIAMOND TRUCK LEASING CORP. v. CROSS COUNTRY INSURANCE BROKERAGE, INC.

62 A.D.3d 745 (2009)

877 N.Y.S.2d 901

DIAMOND TRUCK LEASING CORP. et al., Respondents, v. CROSS COUNTRY INSURANCE BROKERAGE, INC., et al., Appellants.

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

Decided May 12, 2009.

Ordered that the order dated April 15, 2008, is affirmed insofar as appealed from, with costs.

A defendant attempting to vacate an order entered upon its default in opposing a motion must demonstrate both a reasonable excuse for the default and a meritorious defense to the motion and the action (see Edwards v Feliz, 28 A.D.3d 512, 513 [2006]). After making an informal appearance, the defendants failed to oppose the plaintiffs...

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