Wise v. Blue

Order, Supreme Court, New York County (Marcy Friedman, J.), entered May 30, 2001, which granted the motion of defendants Lillie Blue and Darrell Reaves to vacate a prior order denying their motion to strike the note of issue and directed plaintiffs to submit to physical examinations, unanimously affirmed, with costs.

The motion court properly exercised its discretion in vacating its default order entered solely as a result of defendants’ failure to timely appear for oral argument (see, Vitiello v Mayrich Constr. Corp., 255 AD2d 182). Defendants provided a reasonable excuse for their “default”…