| Boboyev v Coniglio |
| 2004 NY Slip Op 50585(U) |
| Decided on June 7, 2004 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal by plaintiffs from so much of an order of the Civil Court, Queens County (B. Siegal, J.), entered May 9, 2003, as adhered to its prior order granting defendants' motion to vacate the default judgment entered against defendant Kenneth Coniglio, Jr.
Order unanimously affirmed without costs.
In order to vacate a default judgment, the defaulting party must demonstrate a reasonable excuse for his default as well as a meritorious defense to the action (see Titan Realty Corp. v Schlem, 283 AD2d 568 [2001]; Matter of Gambardella v Ortov Light., 278 AD2d 494 [2000]). After reviewing the moving papers, we are of the opinion that defendant Kenneth Coniglio, Jr. sufficiently established both a reasonable excuse as well as a meritorious defense. Accordingly, the lower court properly granted the motion to vacate the default judgment as against defendant Kenneth Coniglio, Jr.
_________________________________ Justice Presiding, Appellate Term
_________________________________ Associate Justice, Appellate Term, R.J. [*2]
_________________________________ Associate Justice, Appellate Term
Decision Date: June 07, 2004