Melnick v. Khoroushi

A default is considered intentional when a party takes no steps to vacate it until after judgment has been entered against him (see Roussodimou v Zafiriadis, 238 AD2d 568, 569 [1997]). Despite having been afforded ample opportunity to avoid the entry of default judgment, plaintiffs failed to demonstrate either a reasonable excuse for their default or a meritorious defense to the counterclaims asserted by defendants (see Granibras Granitos Brasileiros, Ltda. v Farber, 34 AD3d 230 [2006]).

Under the circumstances, this appeal is frivolous. Sanctions should be imposed, and the responding…