Raytsin v Experian Info. Solutions, Inc. (2005 NYSlipOp 50367(U))

[*1]

Raytsin v Experian Info. Solutions, Inc.

2005 NYSlipOp 50367(U)

Decided on March 22, 2005

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 22, 2005

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT: PATTERSON, J.P., GOLIA and RIOS, JJ.
2004-933 K C

Constantin Raytsin, Appellant,

against

Experian Information Solutions, Inc., Respondent.

Appeal by plaintiff from an order of the Civil Court, Kings County (L. Baily-Schiffman, J.), entered June 2, 2004, granting defendant's motion to vacate a default judgment.

Order unanimously affirmed without costs. [*2]

Inasmuch as defendant demonstrated both a reasonable excuse for the default and a meritorious defense to the action, we find that the court below did not improvidently exercise its discretion in vacating the default judgment (see e.g. Scarlett v McCarthy, 2 AD3d 623 [2003]).
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Decision Date: March 22, 2005