In S* * Construction, LLC v. M., after the Nassau County District Court denied the tenants’ motion to vacate a default final judgment entered against them in a holdover proceeding, an appeal ensued.
And on its review of the record, the Appellate Term, Second Department, noted that a party seeking such relief must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the landlord’s motion and agreed that the tenants failed to meet that standard in this case.
As a result, the AT2 sided with the court below, and left the final judgment undisturbed.
Should they have gone with the default flow?
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DECISION