TRES, Inc. v. Cheever Development Corp.

Full title: TRES, INC., Respondent, v. CHEEVER DEVELOPMENT CORPORATION, Appellant

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

Date published: Mar 27, 1995

213 A.D.2d 627 (N.Y. App. Div. 1995)

624 N.Y.S.2d 934

Opinion

March 27, 1995

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

Ordered that the order is affirmed, with costs.

Since the defendant has not shown a reasonable excuse for its default in opposing the plaintiff's motion for summary judgment, nor a meritorious defense, the court did not err in denying the defendant's motion to vacate the prior order entered upon the defendant's default (see, CPLR 5015 [a] [1]; Fidelity Deposit Co. v. Andersen Co., 60 N.Y.2d 693; Stewart v. Warren, 134 A.D.2d 585). Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.