Chavez v. Errico

255 A.D.2d 353, 679 N.Y.S.2d 843, 1998 N.Y. App. Div. LEXIS 11817

Opinion

—In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (O’Connell, J.), entered November 14, 1997, which, after a hearing, denied their motion, inter alia, to vacate their default in appearing and answering the compláint.

Ordered that the order is affirmed, with costs.

Parties attempting to vacate a default in appearing in an action and answering must establish both a reasonable excuse for the default and a meritorious defense (see, Roussodimou v Zafiriadis, 238 AD2d 568; Fennell v Mason, 204 AD2d 599; Putney v Pearlman, 203 AD2d 333). The defendants have failed to satisfy that standard in this case. Bracken, J. P., Ritter, Copertino, Santucci and Altman, JJ., concur.