Opinion
April 19, 1999
Appeal from the Supreme Court, Nassau County (DeMaro, J.).
Ordered that the order is affirmed, with costs.
The defendant Sun Rock Building Corp. moved pursuant to CPLR 5015 (a) to vacate a judgment entered against it upon its default in appearing. To obtain this relief a party must establish a reasonable excuse for the default and a meritorious defense. The court treated the motion as one made pursuant to CPLR 317, which requires proof of lack of actual notice and proof of a meritorious defense. The appellant failed to demonstrate lack of actual notice, a reasonable excuse for its default, or a meritorious defense. Thus, its motion, regardless of whether it was deemed one pursuant, to CPLR 5015 or 317, was properly denied ( see, Eugene DiLorenzo, Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138; Plotkin v. Avon Dev. Enters. Corp., 245 A.D.2d 109; Fleetwood Park Corp. v. Jerrick Waterproofing Co., 203 A.D.2d 238; Harbert Offset Corp. v. Bowery Sav. Bank, 174 A.D.2d 650).
Altman, J. P., Goldstein, Florio and McGinity, JJ., concur.