Ad Press Ltd. v. Environmental Enterprises, Inc.

Order, -Supreme Court, New York County, entered on November *63713, 1972, denying plaintiff’s motion tó dismiss the. counterclaim and granting defendant’s cross motion to vacate the default judgment, unanimously reversed, on the law and the facts, defendant’s cross motion to vacate thé default judgment denied and plaintiff’s motion to dismiss the counterclaim granted. Appellant shall recover of respondent $60 costs and disbursements of this appeal. In order to vacate a default judgment, there must be a showing of both a valid excuse for the default and a meritorious defense (Levine v. Fat-Bar…