Opinion
570008/20
04-03-2020
JENNY CHASE INC., Plaintiff-Appellant, v. John PIZZOLATO d/b/a International Playground
Per Curiam.
Order (Dakota D. Ramseur, J.), entered November 15, 2019, reversed, without costs, motion denied and default judgment reinstated.
A party seeking to vacate a judgment based on excusable default must demonstrate both a reasonable excuse for the default and a meritorious defense (see CPLR 5015[a][1] ; Benson Park Assoc., LLC v. Herman , 73 AD3d 464, 465 [2010] ). The preference for deciding cases on the merits does not justify vacating a default judgment where the moving party fails to satisfy both of these requirements (see Leader v. Parkside Group , 174 AD3d 420, 421 [2019], lv dismissed 33 NY3d 1111 [2019] ).
Here, defendant failed to proffer any excuse for his default in this action. His moving papers were completely silent on this point. Because defendant failed to set forth a reasonable excuse for his default, his motion to vacate the judgment must be denied, regardless of whether he demonstrated a potentially meritorious defense (see Buro Happold Consulting Engrs., PC. v. RMJM , 107 AD3d 602 [2013] ; M.R. v. 2526 Valentine LLC , 58 AD3d 530, 532 [2009] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.