Opinion
2007-538 KC.
Decided July 18, 2008.
Appeal from an order of the Civil Court of the City of New York, Kings County (Bernard J. Graham, J.), entered January 9, 2007. The order denied defendant Claudette Audain's motion to vacate a default judgment.
Order affirmed without costs.
PRESENT: GOLIA, J.P., RIOS and STEINHARDT, JJ.
A defendant seeking to vacate a judgment on the ground of excusable default (CPLR 5015 [a] [1]) is required to demonstrate a reasonable excuse for the default and the existence of a meritorious defense to the action ( see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 NY2d 138). The record establishes that defendant Claudette Audain failed to serve and file an answer. In moving to vacate the default judgment, defendant Claudette Audain failed to offer a reasonable excuse for her default and did not establish a meritorious defense to the action. Her affidavit merely intones that a defense exists. Consequently, the order denying Claudette Audain's motion to vacate the default judgment is affirmed.
Golia, J.P., Rios and Steinhardt, JJ., concur.