Opinion
January 18, 2000
Order, Supreme Court, New York County (Leland DeGrasse, J.), entered July 12, 1999, which, in this action to recover unpaid attorneys' fees, granted defendant's motion to vacate a default judgment, unanimously affirmed, with costs.
Emily Maruja Bass, for plaintiff-appellant.
Gino A. Zonghetti, for defendant-respondent.
ROSENBERGER, J.P., ELLERIN, WALLACH, LERNER, ANDRIAS, JJ.
The motion court properly vacated the default judgment entered by the Clerk of the Court pursuant to CPLR 3215 (a) where two of the plaintiff's causes of action were based on quantum meruit and, therefore, were not for a sum certain (see Geer DuBois Co., Inc. v. O.M. Scott Sons Co., Inc., 25 A.D.2d 423). Vacatur of the default judgment was also warranted on the ground that defendant had demonstrated both a reasonable excuse for its default and an adequate showing of merit (cf., Kellert v. Mail Boxes, Etc. USA, Inc., 248 A.D.2d 127).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.