Franklin & Gringer, P.C. v. Andrea Doreen Ltd.

302 A.D.2d 426, 754 N.Y.S.2d 887

Opinion

In an action to recover legal fees, the defendants appeal from an order of the Supreme Court, Nassau County (Bucaria, J.), dated March 15, 2002, which denied their motion to vacate a judgment entered upon their default, and the plaintiff cross-appeals from the same order.

Ordered that the cross appeal is dismissed, without costs or disbursements, as the plaintiff is not aggrieved by the order cross-appealed from (see CPLR 5511); and it is further,

Ordered that the order is affirmed; and it is further,

Ordered that one bill of costs is awarded to the plaintiff.

To vacate a judgment entered upon a default in appearing or answering the complaint, a defendant must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see CPLR 5501 [a] [1]; Murphy v Mazel & White St. Mgt., 289 AD2d 546). The defendants in this case failed to satisfy that standard. Florio, J.P., S. Miller, Friedmann, Townes and Mastro, JJ., concur.