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LEADER v. PARKSIDE GROUP

9804. 153854/16. 9803.

174 A.D.3d 420 (2019)

103 N.Y.S.3d 427

2019 NY Slip Op 05467

Howard Leader et al., Appellants, v. Parkside Group et al., Respondents.

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

Decided July 9, 2019.

A party seeking to vacate a judgment based on excusable default must demonstrate both a reasonable excuse for the default and a meritorious defense (CPLR 5015[a][1]; see Benson Park Assoc., LLC v Herman, 73 A.D.3d 464, 465 [1st Dept 2010]).

The preference for deciding cases on the merits does not justify vacating a default judgment where the moving party fails to satisfy the two-prong test of showing a reasonable excuse for...

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