AYIKU v. VITERITTI (2008)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Murphy, J.), entered October 5, 2007, which granted the defendants' motion to vacate an order of the same court entered May 21, 2007, granting the plaintiff's motion for leave to enter a judgment against them upon their failure to appear or answer.

ORDERED that the order entered October 5, 2007, is reversed, on the facts and in the exercise of discretion, with costs, the defendants' motion to vacate the order entered May 21, 2007, is denied, and the order entered May 21, 2007, is reinstated.

 The defendants, who sought to have their default in appearing or timely answering the complaint vacated, were required to demonstrate both a reasonable excuse for their default and the existence of a meritorious defense (see CPLR 5015[a][1];  Levi v. Levi, 46 A.D.3d 519, 848 N.Y.S.2d 228;  Segovia v. Delcon Constr. Corp., 43 A.D.3d 1143, 842 N.Y.S.2d 536).   They were required to submit supporting facts in evidentiary form sufficient to justify their default (see White v. Incorporated Vil. of Hempstead, 41 A.D.3d 709, 838 N.Y.S.2d 607;  Kumar v. Yonkers Contr. Co., Inc., 14 A.D.3d 493, 788 N.Y.S.2d 408;  Incorporated Vil. of Hempstead v. Jablonsky, 283 A.D.2d 553, 725 N.Y.S.2d 76).

 The defendants failed to demonstrate, by competent proof, the existence of a reasonable excuse for their default.   Accordingly, the Supreme Court improvidently exercised its discretion in granting the defendants' motion to vacate their default (see Lemberger v. Congregation Yetev Lev D'Satmar, Inc., 33 A.D.3d 671, 822 N.Y.S.2d 597;  Krieger v. Cohan, 18 A.D.3d 823, 824, 796 N.Y.S.2d 633;  New York Hosp. Med. Ctr. of Queens v. Clarendon Natl. Ins. Co., 13 A.D.3d 596, 786 N.Y.S.2d 352;  Abrams v. City of New York, 13 A.D.3d 566, 786 N.Y.S.2d 323).