Panchookian v. Huculiak

257 A.D.2d 460, 682 N.Y.S.2d 841, 1999 N.Y. App. Div. LEXIS 466

Opinion

—Order, Supreme Court, New York County (Edward Lehner, J.), entered on or about September 26, 1997, which granted defendant’s motion to vacate a default judgment to the extent of permitting him to defend the action on the merits, unanimously affirmed, without costs.

Defendant’s motion for vacatur of a default judgment entered against him, made less than one year after the date of the judgment, was timely (CPLR 5015 [a]), and, as the record substantiates defendant’s contention, and the motion court’s finding, that defendant has a possibly meritorious defense to the action and a reasonable excuse for his default, the grant of the motion to the extent indicated was proper (see, Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 NY2d 138, 141; Frenchy’s Bar & Grill v United Intl. Ins. Co., 251 AD2d 177; Hunter v Enquirer/Star, Inc., 210 AD2d 32). Concur—Sullivan, J. P., Lerner, Rubin and Tom, JJ.