Opinion
March 14, 1988
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the order is affirmed, with costs.
In order to vacate his default, the defendant was required to "allege and factually establish the existence of a meritorious defense to [the] plaintiff's claim[s]" (County Asphalt v. North Rockland Underground Corp., 96 A.D.2d 570). Contrary to the defendant's contention on appeal, his affidavit of merit submitted in support of his cross motion "did not contain sufficient factual allegations to demonstrate a meritorious defense" of laches (County Asphalt v. North Rockland Underground Corp., supra, at 570). The facts alleged for the first time in the defendant's brief have not been considered since they are dehors the record.
Accordingly, the Supreme Court, Kings County, properly denied the defendant's cross motion, inter alia, to vacate his default in the absence of the requisite showing of a meritorious defense. Mangano, J.P., Lawrence, Spatt and Balletta, JJ., concur.