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393 LEFFERTS PARTNERS, LLC v. NEW YORK AVENUE AT LEFFERTS, LLC

2008-09773

68 A.D.3d 976 (2009)

2009 NY Slip Op 9459

890 N.Y.S.2d 330

393 LEFFERTS PARTNERS, LLC, Respondent, v. NEW YORK AVENUE AT LEFFERTS, LLC, Appellant, et al., Defendants.

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

Decided December 15, 2009.

Ordered that the order is affirmed, with costs.

A defendant seeking to vacate a default in answering must demonstrate a reasonable excuse for the default and the existence of a meritorious defense (see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]; Gray v B. R. Trucking Co., 59 N.Y.2d 649, 650 [1983]; Harris v City of New York...

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