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ZIMET v. BUFANO

2008-07333.

2009 NY Slip Op 06425

GARY J. ZIMET, respondent, v. ROSEMARY BUFANO, appellant, ET AL., defendant.

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

Decided September 8, 2009.

Attorney(s) appearing for the Case

Robert V. Magrino, New City, N.Y. (Jennifer Feerick of counsel), for appellant.

Daniel E. Bertolino, P.C., Upper Nyack, N.Y. (Laurie A. Dorsainvil of counsel), for respondent.

Before: Reinaldo E. Rivera, J.P., Mark C. Dillon, Joseph Covello, Randall T. Eng, L. Priscilla Hall, JJ.

DECISION & ORDER

ORDERED that the order is reversed, on the law, with costs, and the defendant's motion to vacate the judgment is granted.

In order to prevail on a motion to vacate a judgment entered upon default, a defendant is required to demonstrate both a reasonable excuse for its default and a meritorious defense (see Fekete v Camp Skwere, 16 A.D.3d 544, 545; Amato v Fast Repair, Inc.,

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