Cheng v. Leader Jewelry Corp.

Full title: SIU LUNG CHENG, Respondent, v. LEADER JEWELRY CORP., Appellant

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

Date published: Jan 12, 1998

246 A.D.2d 526 (N.Y. App. Div. 1998)

666 N.Y.S.2d 930

Opinion

January 12, 1998

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

Ordered that the order is affirmed, with costs.

In order to successfully oppose a motion for leave to enter a default judgment based on the failure to serve an answer, the defendant must demonstrate a reasonable excuse for the delay and provide a meritorious defense (see, Pumarejo-Garcia v. McDonough, 242 A.D.2d 374; Dinerstein Lesser v. Ambulette Assn., 88 A.D.2d 945). Upon our review of the record, we find that the defendant failed to demonstrate either, and thus, the plaintiff's motion for leave to enter a default judgment was properly granted.

Mangano, P.J., Copertino, Joy, Florio and Luciano, JJ., concur.