Hokayem v. Leland

In a negligence action, the plaintiffs appeal from an order of the Supreme Court, Kings County (Vaccaro, J.), dated August 9,1994, which, inter alia, granted the motion of the defendant Lawrence Fattorusso to vacate a default judgment entered against him for failing to answer the complaint and granted him leave to serve a late answer.

Ordered that the order is reversed, as a matter of discretion, with costs, and the motion is denied.

In moving to vacate a default judgment entered against him, the respondent was required to establish both a valid excuse for the default and a meritorious defense…