Opinion
2005-753 Q C.
Decided January 5, 2006.
Appeal from an order of the Civil Court of the City of New York, Queens County (Edgar G. Walker, J.), entered March 18, 2005. The order granted plaintiff's motion to vacate the default judgment entered in favor of defendant Maurice Ud Oparaji on the counterclaim and to restore both the claim and counterclaim to the trial calendar.
Order unanimously affirmed without costs.
PRESENT:: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ
In order to vacate a default judgment, the movant must establish a reasonable excuse for default as well as a meritorious claim or defense ( see Fort Madison Assocs. v. Caldararo, 280 AD2d 581; Matter of Gambardella v. Ortov Light., 278 AD2d 494; Parker v. City of New York, 272 AD2d 310). In the case at bar, plaintiff's moving papers satisfied said requirements. Accordingly, the determination of the lower court should be affirmed.