Grinkorn v. Seeley

In an action, inter alia, to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Queens County (LeVine, J.), dated June 27, 2005, which denied his motion to vacate his default in proceeding to trial and restore the case to the trial calendar.

*377Ordered that the order is affirmed, with one bill of costs.

CPLR 5015 (a) allows a court to vacate a default entered against a party “upon such terms as may be just” if the default was “excusable” (CPLR 5015 [a] [1]). In order to establish that a default is excusable, a party must show both a reasonable excuse…