Harper v. Edwards

• Decision Date: 27 January 2003
• Citation: 301 A.D.2d 627,753 N.Y.S.2d 871
• Parties: GLYNE L. HARPER, Respondent,<BR>v.<BR>S. ANDERSON EDWARDS, Appellant.
• Court: New York Supreme Court — Appellate Division

301 A.D.2d 627

753 N.Y.S.2d 871

GLYNE L. HARPER, Respondent,

v.S. ANDERSON EDWARDS, Appellant.

Decided January 27, 2003.

Santucci, J.P., Krausman, McGinity, Schmidt and Crane, JJ., concur.

Ordered that the order is affirmed, with costs.

To vacate his default, the defendant was required to demonstrate a reasonable excuse for his failure to oppose the plaintiff's motion for summary judgment and his failure to appear at the inquest, and a meritorious defense (see Correa v Tscherne, 296 AD2d 476). The Supreme Court properly denied the motion, as the defendant failed to demonstrate a reasonable excuse for his default.