Opinion
Submitted March 1, 2000.
April 13, 2000.
In an action, inter alia, to recover damages for breach of contract, the defendant Roger Senhouse appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated March 29, 1999, which denied his motion to vacate a judgment of the same court, entered April 28, 1995, upon his failure to appear or answer.
Fred M. Schwartz, Smithtown, N.Y., for appellant.
Eliot L. Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek and David Lawrence III of counsel), for respondent.
DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The appellant did not establish both a reasonable excuse for his default and the existence of a meritorious defense. Accordingly, the Supreme Court providently exercised its discretion in denying his motion to vacate his default (see, Matter of Aetna Life Cas. Co. v. Walker, 255 A.D.2d 381 ; Roussodimou v. Zafiriadis, 238 A.D.2d 568 ; Orlando v. Corning Inc., 213 A.D.2d 464 ; Putney v. Pearlman, 203 A.D.2d 333 ).