Opinion
September 21, 1998
Appeal from the Supreme Court, Dutchess County (Bernhard, J.).
Ordered that the order is modified, on the law, by deleting the last sentence thereof and substituting therefor a provision that, upon renewal, the original determination is adhered to; as so modified, the order is affirmed, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Dutchess County, for an assessment of damages.
Since, on this record, the defendant failed to demonstrate a reasonable excuse for his delay in appearing or answering and a meritorious defense, the Supreme Court erred in vacating the default ( see, Epstein v. Nieves, 234 A.D.2d 503).
Mangano, P.J., Miller, Pizzuto and Krausman, JJ., concur.