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Matter of Gambardella v. Ortov Lighting, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2000
278 A.D.2d 494 (N.Y. App. Div. 2000)

Opinion

Submitted December 6, 2000.

December 27, 2000.

In a proceeding to discharge a mechanic's lien, Ortov Lighting, Inc., appeals from an order of the Supreme Court, Richmond County (Lebowitz, J.), entered February 10, 2000, which denied its motion, in effect, to vacate a prior order of the same court entered April 20, 1999, granting the petition upon its failure to appear or submit written opposition to the petitioner's motion pursuant to Lien Law § 39-a.

Meyers, Saxon Cole, Brooklyn, N.Y. (Gerald Slotnik of counsel), for appellant.

Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the order is affirmed, without costs or disbursements.

A party seeking to vacate a default must demonstrate both a reasonable excuse for the default and the existence of a meritorious claim or defense (see, Parker v. City of New York, 272 A.D.2d 310; Lovario v. Vuotto, 266 A.D.2d 191; Wynne v. Wagner, 262 A.D.2d 556). The determination of what constitutes a reasonable excuse for a default lies within the sound discretion of the trial court (see, Parker v. City of New York, supra). We agree with the Supreme Court that the appellant did not demonstrate a reasonable excuse for the default or a meritorious defense to the proceeding. Thus, the Supreme Court properly denied the appellant's motion.


Summaries of

Matter of Gambardella v. Ortov Lighting, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 2000
278 A.D.2d 494 (N.Y. App. Div. 2000)
Case details for

Matter of Gambardella v. Ortov Lighting, Inc.

Case Details

Full title:IN THE MATTER OF FRANK GAMBARDELLA, ET AL., RESPONDENTS, v. ORTOV…

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

Date published: Dec 27, 2000

Citations

278 A.D.2d 494 (N.Y. App. Div. 2000)
717 N.Y.S.2d 923

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