Rajn Corp. v. L&S Construction Co.

Jun 7, 2005
Versions:19 A.D.3d 158
795 N.Y.S.2d 886
2005 N.Y. App. Div. LEXIS 5975

Order, Supreme Court, New York County (Helen E. Freedman, J.), entered on or about June 8, 2004, which denied defendant‘s motion to vacate a prior default judgment of the same court and Justice, entered November 20, 2001, in the amount of $200,000 plus interest, costs and disbursements, unanimously affirmed, with costs.

Defendants have not offered a reasonable excuse for their failure to oppose plaintiff‘s motion, pursuant to CPLR 3126, to strike their answer (see Grieco v Walker, 8 AD3d 66 [2004]). Nor have they attempted to explain their failure and refusal to respond to court-ordered discovery, or their failure to appear at the inquest. In the absence of a reasonable excuse, denial of the motion to vacate the default judgment was a provident exercise of discretion (Silverman & Weinraub v Gillon, 1 AD3d 142 [2003]). Concur—Mazzarelli, J.P., Andrias, Friedman, Gonzalez and Catterson, JJ.