Gold v. Vanden Brul

In order to invoke discretion to the end of reopening a default it must be shown that (1) the default was excusable, and (2) that a meritorious defense exists (Burckhalter v. Stasky, 276 App. Div. 979 ; Hutchinson v. Weston, 160 Misc. 890).

The question as to whether the default herein was excusable does not require determination for the reason that the proposed answer does not display a meritorious defense.

The defense, set forth affirmatively in the submitted answer and enlarged upon in the defendants’ affidavit and memorandum, is to the effect that no notice of the plaintiffs’ decision to…