[*1]
Beizer v Oparaji
2006 NY Slip Op 50022(U) [10 Misc 3d 140(A)]
Decided on January 5, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 5, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS

PRESENT:: PESCE, P.J., WESTON PATTERSON and GOLIA, JJ
2005-753 Q C.

HARRIET BEIZER, Respondent,

against

MAURICE UD OPARAJI, Appellant, -and- ADA PATIENCE OPARAJI, Defendant.


Appeal from an order of the Civil Court of the City of New York, Queens County (Edgar G. Walker, J.), entered March 18, 2005. The order granted plaintiff's motion to vacate the default judgment entered in favor of defendant Maurice Ud Oparaji on the counterclaim and to restore both the claim and counterclaim to the trial calendar.


Order unanimously affirmed without costs.

In order to vacate a default judgment, the movant must establish a reasonable excuse for default as well as a meritorious claim or defense (see Fort Madison Assocs. v Caldararo, 280 AD2d 581 [2001]; Matter of Gambardella v Ortov Light., 278 AD2d 494 [2000]; Parker v City of New York, 272 AD2d 310 [2000]). In the case at bar, plaintiff's moving papers satisfied said requirements. Accordingly, the determination of the lower court should be affirmed.
Decision Date: January 05, 2006