Opinion
May 27, 1997
Appeal from the Supreme Court, Kings County (Patterson, J.).
Ordered that the order is reversed, on the law, with costs, and the former husband's motion to vacate the default judgment is denied.
A party attempting to vacate a default judgment must establish both a reasonable excuse for the default and a meritorious defense ( see, Putney v. Pearlman, 203 A.D.2d 333). The defendant's proferred excuse that he was never served with notice of the default judgment until after entry thereof is unavailing. Pursuant to the parties' stipulation of settlement dated October 2, 1991, the plaintiff was entitled to have judgment entered against the defendant without notice under the circumstances which existed in this case.
Moreover, since the stipulation did not afford the defendant any defenses in the event of a default, his unsubstantiated claim of a sudden reversal in his financial situation does not constitute a meritorious defense.
Mangano, P.J., Ritter, Sullivan, Altman and McGinity, JJ., concur.