Opinion
November 27, 1995
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the appeal from the order dated July 12, 1994, is dismissed, without costs or disbursements, as that order was superseded by the order dated November 15, 1994, made upon reargument; and it is further,
Ordered that the order dated November 15, 1994, is affirmed insofar as reviewed, without costs or disbursements.
Contrary to the plaintiff's contention, the Supreme Court did not improvidently exercise its discretion in granting the motion by the defendant Philippe M. Alphonse to vacate the default judgment since Alphonse established a reasonable excuse for his default and a meritorious defense (see, Fennell v Mason, 204 A.D.2d 599; Putney v Pearlman, 203 A.D.2d 333). Sullivan, J.P., Thompson, Copertino, Krausman and Florio, JJ., concur.