Corley v. East Aurora Metals, Inc.

Order unanimously reversed, without costs, and motion granted in accordance with memorandum, Simons, J., not participating. Memorandum: Disposition of controversies on the merits is favored and in furtherance of that policy a default will be vacated upon a proper showing of a meritorious defense, an excusable default and the absence of willfulness (Nomako v Ashton, 22 AD2d 683). Where a party’s default has culminated in the implementation of a prior conditional order by entry of a default judgment, the determinative criteria of willful default has been held to require a showing of clear,…