BLF Realty Holding Corp. v. Cano

Full title: BLF REALTY HOLDING CORP., Respondent, v. MIGUEL CANO, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 24, 1998

255 A.D.2d 264 (N.Y. App. Div. 1998)

680 N.Y.S.2d 504

Opinion

November 24, 1998

Appeal from the Supreme Court, New York County (Edward Lehner. J.).

We agree with the IAS Court that defendant, in opposing plaintiff's motion for entry of the default judgments appealed from, failed to establish either a reasonable excuse for not answering the complaint or a meritorious defense. We note in addition that the court properly exercised its discretion when it required defendant to file an undertaking as a condition of vacatur (CPLR 5015 [a]; see, Rubin v. Payne, 103 A.D.2d 946, appeal dismissed 64 N.Y.2d 754). We have considered defendant's remaining contentions and find them unpersuasive.

Concur — Nardelli, J. P., Wallach, Tom and Andrias, JJ.