Allied Building Products Corp. v. Clarke

Order unanimously affirmed without costs. Memorandum: Supreme Court properly exercised its discretion in denying defendant’s motion to vacate the default judgment because defendant Karen E. Clarke failed to establish a reasonable excuse for her failure to appear at trial (see, CPLR 5015 [a] [1]; Passalacqua v Banat, 103 AD2d 769). Defendant’s failure to communicate or cooperate with her attorney does not excuse her default (see, Candeloro v Candeloro, 133 AD2d 731; Kirkman/3hree, Inc. v Priority AMC/Jeep, 94 AD2d 870), particularly when the lack of communication was largely due to defendant’s…