Energy Savings Products, Inc. v. Milici

Full title: ENERGY SAVINGS PRODUCTS, INC., Respondent, v. ROBERT MILICI, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 3, 1990

168 A.D.2d 415 (N.Y. App. Div. 1990)

Opinion

December 3, 1990

Appeal from the Supreme Court, Nassau County (Di Noto, J.).

Ordered that the order is reversed, on the law, with costs, the motion to vacate the judgment is granted, and the judgment is vacated.

In support of the defendant's motion to vacate his default, sufficient facts were set forth to make out a prima facie showing of a meritorious defense (see, Tat Sang Kwong v. Budge-Wood Laundry Serv., 97 A.D.2d 691). The defendant also established a reasonable excuse for his default and therefore it was error for the Supreme Court not to have granted the defendant's motion to vacate his default (see, CPLR 5015 [a]). Thompson, J.P., Brown, Balletta, Miller and O'Brien, JJ., concur.