Furon Construction, Inc. v. Velez

Full title: FURON CONSTRUCTION, INC., et al., Respondents, v. LUZ S. VELEZ, Appellant

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

Date published: Nov 28, 1994

209 A.D.2d 666 (N.Y. App. Div. 1994)

619 N.Y.S.2d 950

Opinion

November 28, 1994

Appeal from the Supreme Court, Queens County (Leviss, J.).

Ordered that the order is affirmed, without costs or disbursements.

It is well-settled that a default judgment may be vacated in the sound discretion of the trial court upon the movant's showing of an excusable default as well as a meritorious defense (see, CPLR 5015 [a]; Perellie v. Crimson's Rest., 108 A.D.2d 903; Fiore v. Galang, 64 N.Y.2d 999; County of Nassau v. Cedric Constr. Corp., 100 A.D.2d 890; McCargar v. Welser, 109 A.D.2d 1053). In the case at bar, the defendant failed to demonstrate either. Ritter, J.P., Santucci, Friedmann and Goldstein, JJ., concur.