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BRICE v. CITY OF NEW YORK

2015-02859, Index No. 11178/13.

139 A.D.3d 888 (2016)

33 N.Y.S.3d 316

2016 NY Slip Op 03843

YVES BRICE, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 18, 2016.

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

In opposing a motion for leave to enter a default judgment based on a failure to timely appear or answer a complaint, a defendant must show a reasonable excuse for his or her delay in appearing or answering and a potentially meritorious defense (see Fried v Jacob Holding, Inc., 110 A.D.3d 56, 60 [2013];

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