Swart v. Lehmann

Appeal from an order of the Supreme Court at Special Term, entered in Ulster County, which denied appellant’s motion to vacate a default judgment entered January 15, 1971 in Ulster County in favor of respondent and against appellant. To vacate a judgment entered because of excusable default, the defaulting party must show pursuant to CPLR 5015 (subd. [a], par. 1), a valid excuse for the default and a meritorious defense. (Arnold v. Weidman, 38 A D 2d 362; Wall v. Bennett, 33 A D 2d 827.) Conclusory allegations of appellant and his counsel that a meritorious defense exists, are not sufficient…