Practice point: To vacate a default judgment, defendant must demonstrate a reasonable excuse, and a potentially meritorious defense, pursuant to CPLR 5015[a][1].
Students should note that defendant's claim that he does not recall receiving the motion does not overcome the presumption of proper mailing created by the affidavit of service.
Case: Alterbaum v. Shubert Org., Inc., NY Slip Op 00339 (2d Dept. 2011)
Here is the decision.
Tomorrow's issue: Torts.
