Murray v. Rudolf Bass, Inc.

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We reject the contention that Supreme Court erred in denying defendant’s motion to vacate the default judgment. Defendant’s submissions fail to establish a reasonable excuse for the delay and a meritorious defense to the action (see, CPLR 5015 [a] [1]; Voss Dental Lab v Surgitex, Inc., 210 AD2d 985). We agree with defendant, however, that the court erred in awarding plaintiff liquidated damages under Labor Law § Í98 (1-a). The complaint does not request liquidated…