Shapouri v. Molinelli

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Nassau County (Winslow, J.), dated November 5, 2009, as granted the defendants’ cross motion pursuant to CPLR 5015 (a) to vacate their default in appearing or answering the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

*1049A defendant seeking to vacate its default in appearing or answering the complaint must provide a reasonable excuse for the default and demonstrate the existence of a potentially…