O'Neal v. Lindsay Park Housing Corp.

Full title: NORMA O'NEAL, Respondent, v. LINDSAY PARK HOUSING CORP. et al., Appellants

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 8, 1996

226 A.D.2d 439 (N.Y. App. Div. 1996)

640 N.Y.S.2d 787

Opinion

April 8, 1996

Appeal from the Supreme Court, Kings County (I. Aronin, J.).

Ordered that the order is reversed, on the law, with costs, the plaintiff's motion is denied, and the order dated January 13, 1995, is reinstated.

In support of a motion pursuant to CPLR 5015 (a)(1) to vacate an order entered upon a default, the movant must demonstrate both a valid excuse for the default and a meritorious cause of action ( see, Fennell v. Mason, 204 A.D.2d 599; Lease Factor v. Kemcy Model Agency, 201 A.D.2d 624). The plaintiff failed to demonstrate either, and her motion must be denied. Rosenblatt, J.P., Sullivan, Copertino, Santucci and Goldstein, JJ., concur.