Opinion
714N
April 9, 2002.
Order, Supreme Court, New York County (Marilyn Shafer, J.), entered on or about September 7, 2001, which granted defendant's motion for vacatur of a default judgment entered December 13, 2000, upon payment to plaintiff of $1,055 in costs and disbursements, unanimously affirmed, without costs.
SANDRA D. JANIN, for plaintiff-appellant.
JOSEPH M. GLASTEIN, for defendant-respondent.
Before: Nardelli, J.P., Mazzarelli, Andrias, Rosenberger, Friedman, JJ.
Defendant was required to show both a meritorious defense and reasonable excuse for the default (see, Brusco v. St. Clare's Hosp., 128 A.D.2d 390, 391, lv denied 70 N.Y.2d 606, appeal dismissed 70 N.Y.2d 692). Plaintiff does not dispute on appeal that defendant showed a meritorious defense. Under the circumstances of this case, we decline to disturb the motion court's acceptance of defendant's excuse, which acceptance was within its discretion (see, Hunter v. Enquirer-Star, 210 A.D.2d 32, 33).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.