Opinion
April 13, 1998
Appeal from the Supreme Court, Westchester County (Fredman, J.).
Ordered that the order is affirmed, with costs.
To vacate a judgment entered upon default, a party must demonstrate the existence of a reasonable excuse for its default and a meritorious defense to the action ( see, CPLR 5015 [a] [1]; see, Rock v. Schwartz, 244 A.D.2d 542; Roussodimou v. Zafiriadis, 238 A.D.2d 568; Putney v. Pearlman, 203 A.D.2d 333). In the instant matter, the obvious and inexcusable misrepresentations made by the appellant in support of its petition to confirm the arbitration awards justified the vacatur of the respondent's default in failing to oppose the petition ( see, Tortorello v. Tortorello, 161 A.D.2d 633; see also, Birsett v. General Acc. Ins. Co., 241 A.D.2d 683). Furthermore, in light of the respondent's potential defense based upon its claim that it never received proper service of the arbitration notice and its claim of law office failure ( see, CPLR 2005), the court providently exercised its discretion in granting the respondent's motion. The parties should expeditiously litigate the confirmation issue on the merits.
Miller, J.P., Sullivan, Pizzuto and Friedmann, JJ., concur.