Laracuente v. Batia Realty Corp.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered February 26, 2008, granting defendants’ motion to vacate a default judgment and for permission to serve an answer, unanimously affirmed, without costs.

*295A party seeking vacatur of a default judgment pursuant to CPLR 5015 must demonstrate both a reasonable excuse for the default and a meritorious cause of action (Crespo v A.D.A. Mgt, 292 AD2d 5 [2002]). In this matter, defendants attribute their inaction to the dismissal of a prior action filed by plaintiffs in New York County based on the identical facts and theory of liability.…