| Perfect Care, Inc. v Ultracare Supplies, Inc. |
| 2010 NY Slip Op 01945 [71 AD3d 752] |
| March 9, 2010 |
| Appellate Division, Second Department |
| Perfect Care, Inc., Respondent, v Ultracare Supplies, Inc.,et al., Appellants. |
—[*1] Oberlander & Oberlander, Garden City, N.Y. (Gary Oberlander of counsel), forrespondent.
In an action, inter alia, to set aside a transfer of assets as fraudulent, the defendants appealfrom an order of the Supreme Court, Nassau County (Adams, J.), entered March 17, 2009, whichdenied their motion pursuant to CPLR 5015 (a) (1) to vacate an order of the same court enteredDecember 9, 2008, granting the plaintiff's unopposed motion for leave to enter a defaultjudgment against them in the principal sum of $87,776.09.
Ordered that the order is affirmed, with costs.
To obtain vacatur of an order entered upon their default in answering the complaint, thedefendants were required to demonstrate a reasonable excuse for their failure to serve an answerand a meritorious defense to the action (see CPLR 5015 [a] [1]; Forward Door of N.Y., Inc. v Forlader,41 AD3d 535 [2007]; Piton vCribb, 38 AD3d 741 [2007]; Fekete v Camp Skwere, 16 AD3d 544, 545 [2005]). Thedetermination of what constitutes a reasonable excuse lies within the trial court's discretion (see Santiago v New York City Health &Hosps. Corp., 10 AD3d 393, 394 [2004]; Roussodimou v Zafiriadis, 238 AD2d568, 569 [1997]; Grutman v Southgate At Bar Harbor Home Owners' Assn., 207 AD2d526, 527 [1994]). We agree with the Supreme Court's determination that the defendants failed todemonstrate a reasonable excuse for their default. Fisher, J.P., Santucci, Angiolillo and Lott, JJ.,concur.