Carroll v. Nostra Realty Corp.

Order, Supreme Court, New York County (Carol Robinson Edmead, J.), entered February 27, 2007, which denied plaintiffs’ motion to vacate the court’s dismissal of the action and restore the case to the calendar, unanimously affirmed, without costs.

It is well established that in order to obtain relief from a judgment or order on the basis of an excusable default pursuant to CFLR 5015 (a) (1), the moving party must provide a reasonable excuse for the failure to appear and must further demonstrate that the case or defense has merit (Goldman v Cotter, 10 AD3d 289 [2004]). Assessment of the…