M.D. & Son Contracting, Inc. v. American Properties, Inc.

It is well settled that whether or not to relieve a party from a judgment or order entered on default is a matter left to the sound discretion of the trial court. (CPLR 5015; Fidelity & Deposit Co. v Andersen & Co., 60 NY2d 693.) The party seeking the relief must advance a reasonable excuse for the default and demonstrate the meritoriousness of its claim. (Supra.) Here the court at IAS did not abuse its discretion. Plaintiff was present at a status conference at which the J.H.O. presiding directed that the discovery demands be met by a certain date. Thereafter, subsequent orders of the IAS…