Bernstein v. Geiss

In an action to recover unpaid rent, the defendant appeals from an order of the Supreme Court, Westchester County *775(Colabella, J.), entered November 26, 2012, which denied his motion pursuant to CPLR 5015 (a) (1) to vacate a judgment of the same court dated February 1, 2012, entered against him upon his failure to appear at an inquest on October 6, 2008.

Ordered that the order is affirmed, with costs.

For a party to succeed in vacating a judgment entered upon his or her failure to appear on a scheduled court date, the party must demonstrate both a reasonable excuse for the default and a…