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STILLWELL CAF, INC. plfap, v. 1680 EASTCHESTER REALTY CORP., def-res

2587N. STILLWELL CAF, INC. plfap, v. 1680 EASTCHESTER REALTY CORP., def-res Trivella & Forte, LLP, White Plains (Arthur J. Muller III of counsel), for ap Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for res Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered August 21, 2015, which granted defendant's motion to vacate the default judgment entered against it after inquest, and granted leave to serve an answer, unanimously affirmed, without costs.

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2587N. STILLWELL CAF, INC. plfap, v. 1680 EASTCHESTER REALTY CORP., def-res Trivella & Forte, LLP, White Plains (Arthur J. Muller III of counsel), for ap Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for res Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered August 21, 2015, which granted defendant’s motion to vacate the default judgment entered against it after inquest, and granted leave to serve an answer, unanimously affirmed, without costs.

Defendant is not entitled to relief under CPLR 5015(a). Defendant failed to demonstrate a reasonable excuse for its default even though there has been extensive litigation between the parties over the premises, and the person (Michael Verini) who was defendant’s chief executive officer, principal executive officer, and registered agent, passed away around the time the default occurred, because there is no explanation as to what prevented defendant from updating its entity information with the Secretary of State (see Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co., 67 NY2d 138, 141 [1986]; Diggs v. Karen Manor Assoc., LLC, 117 AD3d 401, 402-403 [1st Dept 2014]; J & S Constr. of NY, Inc. v. 321 Bowery LLC, 39 AD3d 391 [1st Dept 2007]).

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