Opinion
December 11, 1989
Appeal from the Supreme Court, Queens County (Corrado, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
A party seeking to vacate a judgment or order entered upon the movant's default must demonstrate a reasonable excuse for the delay and make a prima facie showing of legal merit (see, Perellie v Crimson's Rest., 108 A.D.2d 903; Passalacqua v Banat, 103 A.D.2d 769; County Asphalt v North Rockland Underground Corp., 96 A.D.2d 570; Blake v City of New York, 90 A.D.2d 531). In this case the plaintiff did neither. Therefore, the court properly refused to set aside the default judgment pursuant to CPLR 5015. Thompson, J.P., Eiber, Sullivan and Harwood, JJ., concur.