Orimex Trading, Inc. v. Berman

Order, Supreme Court, New York County (Francis Pecora, J.), entered on August 21, 1989, which, inter alia, denied defendant’s motion to vacate a default and to vacate and set aside the default judgment on the ground of newly discovered evidence, unanimously affirmed, with costs.

It is within the IAS court’s discretion to determine whether or not a party has shown a reasonable excuse for a default (Sanders & Assocs. v Hague Dev. Corp., 100 AD2d 964, 965). Here, defendant’s excuse for his default was that he was not properly served. The record supports the IAS court’s conclusion to the contrary,…