Opinion
April 19, 1993
Appeal from the Supreme Court, Kings County (Clemente, J.).
Ordered that the order is reversed, on the law, with costs, the defendant's motion is denied, and the matter is remitted to the Supreme Court, Kings County, for an inquest.
A court is authorized to vacate an order granting leave to enter a default judgment only upon a showing of an excusable default and a meritorious defense (see, CPLR 5015 [a] [1]). The movant's failure to assert facts constituting a meritorious defense was fatal to its motion to vacate (see, Stewart v Warren, 134 A.D.2d 585). Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.