Opinion
April 19, 1996
Appeal from the Supreme Court, Erie County, Notaro, J.
Present — Pine, J.P., Lawton, Wesley, Balio and Davis, JJ.
Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We reject the contention that Supreme Court erred in denying defendant's motion to vacate the default judgment. Defendant's submissions fail to establish a reasonable excuse for the delay and a meritorious defense to the action ( see, CPLR 5015 [a] [1]; Voss Dental Lab v. Surgitex, Inc., 210 A.D.2d 985). We agree with defendant, however, that the court erred in awarding plaintiff liquidated damages under Labor Law § 198 (1-a). The complaint does not request liquidated damages pursuant to that section of the Labor Law, and "[a] default judgment cannot exceed in amount or differ in the kind of relief from that demanded in the complaint" ( Sanford v. Powers [appeal No. 1], 93 A.D.2d 985; see, CPLR 3215 [b]). We, therefore, modify the judgment by vacating the award of damages of $11,596 pursuant to Labor Law § 198 (1-a).
We have reviewed the remaining contentions raised in defendant's appeals and plaintiff's cross appeals and conclude that they are without merit.