JENNY CHASE INC v. PIZZOLATO (2020)

Supreme Court, Appellate Term, New York,

JENNY CHASE INC., Plaintiff-Appellant, v. John PIZZOLATO d/b/a International Playground,

570008 /20

Decided: April 03, 2020

PRESENT: Shulman, P.J., Edmead, Torres, JJ.

Order (Dakota D. Ramseur, J.), entered November 15, 2019, reversed, without costs, motion denied and default judgment reinstated.

A party seeking to vacate a judgment based on excusable default must demonstrate both a reasonable excuse for the default and a meritorious defense (see CPLR 5015[a][1]; Benson Park Assoc., LLC v. Herman, 73 AD3d 464, 465 [2010]). The preference for deciding cases on the merits does not justify vacating a default judgment where the moving party fails to satisfy both of these requirements (see Leader v. Parkside Group, 174 AD3d 420, 421 [2019], lv dismissed 33 NY3d 1111 [2019]).

Here, defendant failed to proffer any excuse for his default in this action. His moving papers were completely silent on this point. Because defendant failed to set forth a reasonable excuse for his default, his motion to vacate the judgment must be denied, regardless of whether he demonstrated a potentially meritorious defense (see Buro Happold Consulting Engrs., PC. v. RMJM, 107 AD3d 602 [2013]; M.R. v. 2526 Valentine LLC, 58 AD3d 530, 532 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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