Herbstein v. Herbstein

*312Order, Supreme Court, New York County (Bernard J. Fried, J.), entered May 1, 2006, which, insofar as appealed from, denied defendant’s motion to vacate an order granting, on default, plaintiffs’ motion pursuant to CPLR 3126 to strike defendant’s answer, unanimously affirmed, without costs.

Defendant’s motion to vacate was properly denied for lack of an affidavit from his former attorney explaining the attorney’s failure to appear for argument of plaintiffs’ CPLR 3126 motion or submit opposition thereto, or an affidavit from a physician substantiating the attorney’s claimed medical problems and…