Character Foundations, Inc. v. Fertels

Full title: CHARACTER FOUNDATIONS, INC., Respondent, v. ALBIE FERTELS, Appellant

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

Date published: Apr 28, 1998

249 A.D.2d 212 (N.Y. App. Div. 1998)

671 N.Y.S.2d 263

Opinion

April 28, 1998

Appeal from the Supreme Court, New York County (Lewis Friedman, J.).

A party seeking to vacate a default judgment must establish the existence of both a meritorious claim or defense and a reasonable excuse for the default ( see, Eugene Di Lorenzo, Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138, 141), and defendant, who has repeatedly failed to appear at his scheduled depositions, has demonstrated neither.

Concur — Sullivan, J.P., Rosenberger, Nardelli, Rubin and Andrias, JJ.