Opinion
March 8, 1993
Appeal from the Supreme Court, Kings County (Golden, J.).
Ordered that the order is reversed, on the law, with costs, and the defendant's motion is denied.
It is well-settled that a party seeking leave to open a default judgment must, inter alia, establish a meritorious defense (see, Di Lorenzo, Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138, 141; Gray v. B.R. Trucking Co., 59 N.Y.2d 649, 650). Although the law favors resolution of cases on the merits (see, Charmer Indus. v 71 Grand Liq. Corp., 128 A.D.2d 825), the defendant failed to allege facts sufficient to establish the existence of a meritorious defense. The affidavit in support of the defendant's motion to vacate its default contained conclusory assertions of defects in the dyes sold and delivered to it by the plaintiff, without any evidentiary support (see, Lener v. Club Med, 168 A.D.2d 433; Amity Plumbing Heating Supply Corp. v. Zito Plumbing Heating Corp., 110 A.D.2d 863). Accordingly, its motion to vacate the default judgment is denied. Bracken, J.P., Lawrence, Eiber and Pizzuto, JJ., concur.