Kahn v. New York University Medical Center

In an action to recover damages for medical malpractice, etc., plaintiffs appeal from (1) an order of the Supreme Court, Queens County, dated September 28, 1976, which denied their motion, inter alia, to vacate a prior order of preclusion and a prior order granting summary judgment on default and (2) an order of the same court, dated April 11, 1977, which denied their renewal motion. Orders affirmed, with one bill of $50 costs and disbursements. To succeed on a motion to vacate an order made on default, the movant must establish first that the default was excusable and second, the existence…