Justice Jack Battaglia
Shalom Glatt Supermarket (SGS) moved to vacate a judgment against it entered upon its default in answering ADMV Cattle’s complaint seeking payment for work, labor and supplies. SGS failed to include an affirmation or affidavit of anyone with personal knowledge of either a reasonable excuse or meritorious defense. Yet, in the interest of judicial efficiency, SGS was granted leave to submit the requisite proof in its reply. The court noted if the application for judgment were submitted to it, it would likely have been found insufficient, yet noted the failure to submit proof required by CPLR 3215(f) should lead to denial of an application of a default, but did not render the judgment void. Rather, in order to vacate the judgment, SGS must make the requisite showing under CPLR 317 or 5015(a). The court noted when a defaulting defendant failed to show a reasonable excuse for the default, it was unnecessary to determine if it demonstrated the existence of a potentially meritorious defense, but found SGS showed a meritorious defense to the action. It ruled while SGS’s showing on this motion was insufficient to permit vacating the judgment, some relief was warranted, thus SGS would be granted a limited period of time to renew the motion.
