Teachers Insurance & Annuity Association of America v. Code Beta Group, Inc.

—Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered March 25, 1993, which denied defendants’ motion to vacate a default judgment entered against them, unanimously affirmed, without costs.

The IAS Court did not abuse its discretion in denying defendants’ motion to vacate their default in proceeding to trial. Defendants’ attorney was aware of complications in his recovery from eye surgery more than a month before trial was set to begin on February 24, 1992, but failed to arrange for substitute counsel as the court had directed on December 16, 1991, the originally scheduled…