Wilson v. 4410 Restaurant Corp.
Opinion of the Court
βIn an action to recover damages
Ordered that the order is affirmed, with costs.
In order to vacate their default, the appellants were required to demonstrate a reasonable excuse for their failure to appear at the April 24, 1997, calendar call and a meritorious defense (see, CPLR 5015 [a]; Wood v Martins, 232 AD2d 407). Because the appellants failed to establish either, the Supreme Court did not improvidently exercise its discretion in denying their application to vacate their default. Mangano, P. J., Copertino, Joy, Florio and Luciano, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.