Sholom & Zuckerbrot Realty, LLC v. Sharif Designs, Ltd.

In an action, inter alia, to recover a real estate brokerage commission, the plaintiff appeals from an order of the Supreme Court, Queens County (Taylor, J.), dated June 18, 2004, which denied its motion pursuant to CPLR 5015 (a) (1) to vacate a prior order of the same court dated April 14, 2004, granting that branch of the defendants’ motion which was pursuant to CPLR 3211 (a) (1) to dismiss the complaint upon the plaintiffs default in opposing the motion.

Ordered that the order is affirmed, with costs.

A party seeking to .vacate a default must establish both a reasonable excuse for the…