Opinion
February 26, 1996
Appeal from the Supreme Court, Kings County (I. Aronin, J.).
Ordered that the appeal from the order dated December 13, 1994, is dismissed, as that order was superseded by the order dated March 31, 1995; and it is further,
Ordered that the order dated March 31, 1995, is reversed, on the law, the orders dated December 13, 1994, and October 18, 1994, are vacated, and the defendant's motion is denied; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The defendant failed to assert a meritorious defense to the plaintiff's cause of action for fraud and therefore failed to establish his entitlement to vacatur of the default judgment (see, Fennell v. Mason, 204 A.D.2d 599; Putney v. Pearlman, 203 A.D.2d 333). Bracken, J.P., Miller, Joy, Hart and Krausman, JJ., concur.