Corporations

M & M Sanitation Corp., Respondent, v. One Abington Square Food & Oriental Gift Corporation, Doing Business as Opera Food, Appellant, et al., Defendant

240 A.D.2d 300659 N.Y.S.2d 744·New York Supreme Court, Appellate Division·1997·NY

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Opinion

M & M Sanitation Corp., Respondent, v One Abington Square Food & Oriental Gift Corporation, Doing Business as Opera Food, Appellant, et al., Defendant. [659 NYS2d 744] [MAJORITY] Order, Supreme Court, New York County (Diane Lebedeff, J.), entered October 18, 1996, which denied defendant-appellant’s motion to vacate the default judgment entered against it, unanimously affirmed, with costs. A party seeking to vacate a default judgment must establish the existence of both a meritorious claim or defense and a reasonable excuse for the default (Gray v B. R. Trucking Co., 59 NY2d 649). The IAS Court properly found that defendant failed to show either. Concur—Sullivan, J. P., Rosenberger, Ellerin, Williams and Colabella, JJ.