Levine v. Fal-Bar Argentinian Corner Restaurant, Inc.

Order entered on July 17, 1962, granting defendant’s motion to vacate a default judgment and to open its default in failing to answer the complaint, unanimously reversed on the law and the facts, with $20 costs and disbursements to appellant, and the motion denied. Defaults should be vacated only upon a demonstration of an adequate excuse and the factual showing of some meritorious defense. (Benadon v. Antonio, 10 A D 2d 40, 42; Investment Corp. of Philadelphia v. Spector, 12 A D 2d 911.) Here not only was there an unimpressive excuse offered, but the defendant failed to present any facts to…