Federation of Puerto Rican Organizations of Brownsville, Inc. v. Mateo, 235 A.D.2d 326

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.

Although 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.

Case Details

Case Name: Federation of Puerto Rican Organizations of Brownsville, Inc. v. Mateo

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jan 23, 1997

Citations: 235 A.D.2d 326; 652 N.Y.S.2d 954; 1997 N.Y. App. Div. LEXIS 639

Court Abbreviation: N.Y. App. Div.