Gerstein v. I Travel Inc.

Order, Supreme Court, New York County (Charles Ramos, J.), entered July 11, 1990, denying plaintiffs’ motion to, inter alia, vacate default, unanimously modified, to the extent of directing that plaintiffs’ counsel pay $4,000 in sanctions for frivolous conduct to the Clients’ Security Fund, remand for a hearing for the imposition of attorney costs for actual expenses reasonably incurred, and otherwise affirmed, with costs.

The IAS court properly denied plaintiffs’ motion for vacatur of default as movants failed to establish a reasonable excuse for the default. Moreover, the imposition of…