Krebs v. Raborg

Plaintiff appeals from two orders of Special Term. Defendants are husband and wife. The first order grants the husband’s motion to vacate a judgment entered against him on default and gives him leave to answer. The second order denies plaintiff’s motion for summary judgment against the wife. We believe both of these dispositions to be erroneous.

The motion to open the default is addressed to the discretion of the court. To succeed defendant must establish a reasonable excuse and a meritorious defense (Back v. Stern, 23 A D 2d 837; Levine v. Fal-Bar Argentinian Corner Restaurant, 18 A D 2d…