Hernandez v. Luna Bros.

255 A.D.2d 198, 679 N.Y.S.2d 817, 1998 N.Y. App. Div. LEXIS 12447

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 17, 1998
• Status: Published

Opinion

—Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about July 3, 1997, which granted defendants’ motion to vacate a default judgment in plaintiffs favor, unanimously affirmed, without costs.

Since defendants adequately demonstrated that there was a reasonable excuse for their default, and that they have a meritorious defense, the judgment entered upon their default was properly vacated (see, Murphy v D. V. Waste Control Corp., 124 AD2d 573). Concur — Ellerin, J. P., Williams, Mazzarelli and Saxe, JJ.