Anthony Albano v. Heidi E. Roehrig

Summary

The Appellate Division, Second Department, held that the defendant failed to establish a reasonable excuse for her default and therefore was not entitled to vacate the default order. However, the court vacated the $385,000 judgment because the plaintiff's vague inquest testimony was insufficient to support the damages award, and remitted the matter for a new damages inquest.

Holdings

1. Defendant was not entitled to vacatur of the default because she failed to demonstrate a reasonable excuse for her failure to appear or answer the complaint; consequently, the court did not need to consider whether she had a potentially meritorious defense.
2. The damages judgment had to be vacated because plaintiff's vague inquest testimony was insufficient to determine the extent to which his injuries were attributable to the accident and therefore whether the $385,000 award was warranted.

Questions Presented

1. Whether defendant established a reasonable excuse and potentially meritorious defense sufficient to vacate the default judgment under CPLR 5015(a)(1).
2. Whether the damages judgment entered after the inquest should be vacated because the evidence was insufficient to determine whether the award was warranted.

Disposition

reversed_and_remanded