Roe Bros. v. Adam

— In an action, inter alia, to recover for goods sold and delivered, plaintiff appeals from an order of the Supreme Court, Orange County (Palella, J.), dated December 13, 1983, which granted a motion by the defendant’s decedent to vacate a judgment of the same court, entered June 10, 1983, upon his default in appearing.

Order affirmed, with costs.

A court is authorized to vacate a default judgment pursuant to the provisions of CPLR 5015 upon a showing of an excusable default and a meritorious defense. In the case at bar, prior to his death the defendant’s decedent explained that his default was…