Opinion
01-05052
Argued May 3, 2002
May 28, 2002.
In an action to recover damages for breach of contract, the plaintiff appeals from an order of the Supreme Court, Rockland County (Weiner, J.), entered May 16, 2001, which granted the defendant's motion to vacate a judgment of the same court, dated March 14, 2001, entered upon an order of the same court, dated March 12, 2001, granting the plaintiff's unopposed motion to strike the defendant's answer for failure to proceed with discovery.
Jason Nesson, LLP, Chestnut Ridge, N.Y. (Jay F. Jason of counsel), for appellant.
Sive, Paget Riesel, P.C., New York, N.Y. (Steven Barshov of counsel), for respondent.
MYRIAM J. ALTMAN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
It is settled that the decision to relieve a party from its default rests in the sound discretion of the motion court (see Matter of Samaria Ann B., 293 A.D.2d 532; Misra Assocs. v. 1155 Dekalb Ave. Corp., 273 A.D.2d 450). To vacate a default judgment, a moving defendant must demonstrate the existence of a reasonable excuse and a meritorious defense (see Nacson v. Semmel, 292 A.D.2d 432; Loria v. Plesser, 267 A.D.2d 213). The defendant made the requisite showings herein. Accordingly, we will not disturb the Supreme Court's provident exercise of its discretion (see Almonte v. LaTortue, 293 A.D.2d 431; Garrick-Aug Assocs. Store Leasing v. Shefa Land Corp., 270 A.D.2d 68).
The plaintiff's remaining contentions are without merit.
ALTMAN, J.P., S. MILLER, McGINITY and SCHMIDT, JJ., concur.