Brown v. Suggs

Order, Supreme Court, New York County (Barbara R. Kapnick, J), entered April 24, 2006, which denied defendant’s motion to vacate an earlier order, dated March 14, 2005, granting plaintiffs motion to dismiss defendant’s counterclaims, and to vacate an order in a related action (Suggs v Brown), dated March 10, 2005, granting the instant plaintiff’s motion to *330dismiss that complaint on default, unanimously affirmed, with costs.

While it is generally preferable to have cases determined on their merits (see Andrews v Petriga, 280 AD2d 374 [2001]), a party seeking to vacate a default must demonstrate…