Opinion
January 19, 1999.
Appeal from the Supreme Court, New York County (Edward Lehner, J.).
Defendant's motion for vacatur of a default judgment entered against him, made less than one year after the date of the
judgment, was timely (CPLR 5015 [a]), and, as the record substantiates defendant's contention, and the motion court's finding, that defendant has a possibly meritorious defense to the action and a reasonable excuse for his default, the grant of the motion to the extent indicated was proper ( see, Eugene Di Lorenzo, Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138, 141; Frenchy's Bar Grill v. United Intl. Ins. Co., 251 A.D.2d 177; Hunter v. Enquirer/Star, Inc., 210 A.D.2d 32).
Concur — Sullivan, J.P., Lerner, Rubin and Tom, JJ.