Parker v. Alacantara

Order, Supreme Court, Bronx County (Howard R. Silver, J.), entered on or about April 5, 2010, which, inter alia, in this action for serious injuries allegedly sustained in an automobile accident, granted plaintiff’s motion to vacate his default and restored the matter to the trial calendar, unanimously affirmed, with costs.

A plaintiff moving to vacate a judgment under CPLR 5015 (a) must demonstrate both a reasonable excuse for the default and a meritorious cause of action (see e.g. Rugieri v Bannister, 7 NY3d 742, 744 [2006]). Here, the motion court exercised its discretion in a provident…