Mjahdi v. Maguire
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants Eamon Maguire and Eddie Maguire appeal from an order of the Supreme Court, Kings County (M. Garson, J.), dated September 10, 2004, which granted the plaintiff’s motion for *1068leave to enter a judgment against them upon their failure to appear or answer.
Ordered that the order is affirmed, with costs.
In order to avoid the entry of a default judgment upon their failure to appear or answer, the appellants were required to demonstrate a justifiable excuse for the default and the existence of a meritorious defense (see CPLR 5015 [a]…
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