Opinion
December 4, 1997
Appeal from the Supreme Court, New York County (Stephen Crane, J.).
A party seeking vacatur of a default must establish both the existence of a meritorious claim or defense and a reasonable excuse for the default ( see, CPLR 5015 [a] [1]; Eugene DiLorenzo, Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138; Arias v. Sanchez, 227 A.D.2d 284). Defendant's justification for the default is that he did not receive a copy of plaintiff's motion for summary judgment, a claim that the court correctly found to be belied by the affidavit of service. Moreover, defendant failed to demonstrate that he possessed a meritorious defense to the action against him. His contention that plaintiff bank failed to sustain its burden of proving that the sale of the collateral was conducted in a commercially reasonable manner is raised for the first time on appeal.
We have reviewed defendant's remaining contentions and find them to be without merit.
Concur — Milonas, J. P., Rubin, Tom, Mazzarelli and Colabella, JJ.