Opinion
01-07796
Submitted May 1, 2002
June 3, 2002
In an action, inter alia, for a judgment declaring that the plaintiff is the owner of certain real property, the plaintiff appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered July 9, 2001, which granted the defendant's motion pursuant to CPLR 5015(a)(1) to vacate a judgment of the same court dated May 2, 2001, entered upon its default in answering, and directed the plaintiff to accept the defendant's untimely answer.
Lehrman, Kronick Lehrman, LLP, White Plains, N.Y. (Mark A. Guterman of counsel), for appellant.
Cantor, Epstein Degenshein, LLP, New York, N.Y. (Dale J. Degenshein of counsel), for respondent.
FRED T. SANTUCCI, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, HOWARD MILLER, THOMAS A. ADAMS, JJ.
ORDERED that the order is affirmed, with costs.
It is well settled that on a motion to vacate a default pursuant to CPLR 5015(a)(1), a movant must demonstrate a reasonable excuse for the default and a meritorious cause of action or defense (see Alliance Prop. Mgt. Dev. v. Andrews Ave. Equities, 70 N.Y.2d 831; Eugene Di Lorenzo, Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138; Fiore v. Galang, 64 N.Y.2d 999; Barasch v. Micucci, 49 N.Y.2d 594). The Supreme Court providently exercised its discretion in excusing the defendant's default in answering the complaint. The defendant presented proof that the parties had entered into settlement negotiations and that the plaintiff's attorney never mentioned that he would enter a default judgment (see Swain v. Janzen, 121 A.D.2d 378; Haviaris v. 25 Broadway Corp., 93 A.D.2d 789). Moreover, the defendant's proof was sufficient to establish a meritorious defense (see Concepcion v. Talon Realty Corp., 258 A.D.2d 494; Anamdi v. Anugo, 229 A.D.2d 408).
SANTUCCI, J.P., SMITH, KRAUSMAN, H. MILLER and ADAMS, JJ., concur.