Gray v. B. R. Trucking Co.

OPINION OF THE COURT

Memorandum.

On plaintiffs’ appeal the order of the Appellate Division should be reversed, defendant’s motion to vacate the de*650fault denied and the certified question answered in the affirmative. In view of this disposition made on plaintiffs’ appeal, defendant’s cross appeal should be dismissed as academic.

Defendant’s moving papers fail to demonstrate an acceptable excuse for its delay in appearing and answering plaintiffs’ complaint and a meritorious defense to the action. It was error, therefore, to vacate its default (see Eaton v Equitable Life Assur. Soc. of U. S., 56…