Manhattan Vermeer Co. v. Guterman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
It is within the IAS court’s discretion to determine whether or not a party who claims not to have been properly served has shown a reasonable excuse for the default (see, Orimex Trading v Berman, 168 AD2d 263). Here, the record supports the IAS court’s conclusion that the appealing defendants did not show a reasonable excuse for their default, and indeed that the default was deliberate. Accordingly, the motion to *562vacate the default was properly denied. Concur — Murphy, P. J., Sullivan, Ellerin, Ross and Kassal, JJ.
2Cases cited1 opinion
- Orimex Trading, Inc. v. BermanAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by1 opinion
- Community Network Service, Inc. v. Verizon New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2009