Appellate Division of the Supreme Court of New York, 1997

Federation of Puerto Rican Organizations of Brownsville, Inc. v. Mateo

Federation of Puerto Rican Organizations of Brownsville, Inc. v. Mateo
Appellate Division of the Supreme Court of New York · Decided January 23, 1997
235 A.D.2d 326; 652 N.Y.S.2d 954; 1997 N.Y. App. Div. LEXIS 639
Federation of Puerto Rican Organizations of Brownsville, Inc. v. Mateo

Opinion of the Court

Appeal from order, Supreme Court, New York County (Ira Gammerman, J.), entered April 4, 1996, which denied defendants’ motion to reargue, denominated a motion to vacate a default, unanimously dismissed as taken from a nonappealable order, without costs.

*327Although denominated a motion to vacate a default, defendants’ motion was, in actuality, one to reargue the prior order that had conditionally struck their answer pursuant to CPLR 3126 (3), rendering the instant order nonappealable (see, Berman v Szpilzinger, 180 AD2d 612). In any event, if we were to review, we would find that defendants provided neither a reasonable excuse for their failure to comply with the conditional order nor an affidavit of merit by one with personal knowledge of the facts (see, Becerril v Skate Way Roller Rink, 184 AD2d 365, 366). Concur—Williams, J. P., Tom, Mazzarelli and Andrias, JJ.

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