Opinion
2002-06205
December 4, 2002.
December 23, 2002.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Hall, J.), dated May 2, 2002, which denied its motion, in effect, to vacate its default in complying with so much of an order of the same court, dated May 4, 2001, as precluded it from producing any witnesses at trial if it failed to produce a witness for a deposition before a date certain.
Cullen and Dykman, LLP, Brooklyn, N.Y. (Joseph C. Fegan and Joseph Miller of counsel), for appellant.
Law Office of Avi D. Caspi, PLLC (DiJoseph Portegello, P.C., New York, N.Y. [Arnold E. DiJoseph III] of counsel), for respondents.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
A party seeking to vacate a default must demonstrate both a reasonable excuse for the default and the existence of a meritorious claim or defense (see CPLR 5015[a][1]; Incorporated Vil. of Hempstead v. Jablonsky, 283 A.D.2d 553; Matter of Gambardella v. Ortov Light., 278 A.D.2d 494; Parker v. City of New York, 272 A.D.2d 310) . Since the appellant failed to sustain its burden on the motion, the Supreme Court properly denied its motion.
ALTMAN, J.P., S. MILLER, McGINITY, SCHMIDT and RIVERA, JJ., concur.