Opinion
December 5, 1988
Appeal from the Supreme Court, Queens County (Santucci, J.).
Ordered that the order is affirmed, with costs to the respondent.
A defendant seeking to be relieved of a default pursuant to CPLR 5015 (a) (1) must show a reasonable excuse for the default and the meritorious nature of his defense (see, Flower v Maryliz Food Drink Corp., 129 A.D.2d 676, 677; Murphy v D.V. Waste Control Corp., 124 A.D.2d 573; Abrash v Lavender, 119 A.D.2d 785, 786; Capichiano v Montefiore Hosp., 118 A.D.2d 676; National States Elec. Corp. v Insurance Co., 103 A.D.2d 824, 825).
A review of the record indicates that defendant Douvas demonstrated sufficient excuse for his failure to answer (cf., Passalacqua v Banat, 103 A.D.2d 769).
The defendant Douvas's affidavit of merits sets forth uncontradicted factual allegations which showed that he did not begin his carpentry work at the accident site until several days after the plaintiff was injured and that he worked in a location different from where the injury occurred. This affidavit, which was supported by an affidavit from a worker for a codefendant, not only showed the meritorious nature of the defense, but also supported his contention that substantial injustice would result if this matter were not disposed of on the merits. Mangano, J.P., Thompson, Brown and Kunzeman, JJ., concur.