Kassiano v. Palm Management Corp.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered June 1, 2011, which, to the extent appealed from as limited by the briefs, denied plaintiffs’ motion to vacate an order which, upon plaintiffs’ default, granted defendants’ motion for leave to amend their answer to assert a defense based on the exclusivity provisions of the Workers’ Compensation Law and to dismiss the complaint based on that defense, unanimously affirmed, without costs.

A plaintiff seeking to vacate a default in responding to a motion to dismiss pursuant to CPLR 5015 (a) (1) must proffer both a reasonable excuse…