Opinion
No. 2003-1498 QC.
Decided June 7, 2004.
Appeal by plaintiffs from so much of an order of the Civil Court, Queens County (B. Siegal, J.), entered May 9, 2003, as adhered to its prior order granting defendants' motion to vacate the default judgment entered against defendant Kenneth Coniglio, Jr.
Order unanimously affirmed without costs.
PRESENT: ARONIN, J.P., PATTERSON and GOLIA, JJ.
In order to vacate a default judgment, the defaulting party must demonstrate a reasonable excuse for his default as well as a meritorious defense to the action ( see Titan Realty Corp. v. Schlem, 283 AD2d 568; Matter of Gambardella v. Ortov Light., 278 AD2d 494). After reviewing the moving papers, we are of the opinion that defendant Kenneth Coniglio, Jr. sufficiently established both a reasonable excuse as well as a meritorious defense. Accordingly, the lower court properly granted the motion to vacate the default judgment as against defendant Kenneth Coniglio, Jr.