Green Apple Management Corp. v. Aronis
Decision Date | 14 October 2008 |
Docket Number | 2007-03996 |
Citation | 865 N.Y.S.2d 355,55 A.D.3d 669,2008 NY Slip Op 07865 |
Parties | GREEN APPLE MANAGEMENT CORP., Appellant, v. JOHN ARONIS, Respondent, et al., Defendant. |
Court | New York Supreme Court — Appellate Division |
Ordered that the order is affirmed insofar as appealed from, with costs.
To prevail on his motion to vacate his default, the defendant John Aronis was required to demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see CPLR 5015 [a] [1]; Savino v "ABC Corp.", 44 AD3d 1026 [2007]; SS Constantine & Helen's Romanian Orthodox Church of Am. v Z. Zindel, Inc., 44 AD3d 744 [2007]; White v Incorporated Vil. of Hempstead, 41 AD3d 709, 710 [2007]). The determination as to what constitutes a reasonable excuse lies within the sound discretion of the trial court, and will not be disturbed if the record supports such determination (see Hodges v Sidial, 48 AD3d 633, 634 [2008]; White v Incorporated Vil. of Hempstead, 41 AD3d at 710). In exercising this discretion the court may accept law office failure as a reasonable excuse (see CPLR 2005; Vasquez v New York City Hous. Auth., 51 AD3d 781 [2008]). Here, the Supreme Court providently exercised its discretion in accepting Aronis's explanation for his default. Furthermore, Aronis demonstrated the existence of a potentially meritorious defense (see Hodges v Sidial, 48 AD3d at 634).
We do not reach the plaintiff's remaining contention, as it is improperly raised for the first time on appeal (see Sarva v Chakravorty, 34 AD3d 438, 439 [2006]).
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