JMP Pizza, LLC v. 34th Street Pizza, LLC

In an action, inter alia, to recover on a promissory note, the defendants appeal from an order of the Supreme Court, Suffolk County (Whelan, J.), dated September 4, 2012, which denied their motion, in effect, pursuant to CPLR 5015 (a) to vacate their default in appearing or answering the complaint.

Ordered that the order is affirmed, with costs.

The defendants previously moved, inter alia, in effect, pursuant to CPLR 5015 (a) to vacate their default in appearing or answering the complaint, citing law office failure as their reasonable excuse (see CPLR 2005), and opposed the plaintiff’s cross…