Alba v. Pastoressa

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered on or about March 30, 2004, which, in an action for personal injuries sustained when plaintiffs were hit by a car operated by defendant estate’s decedent and owned by the other defendants, denied defendants’ motion to vacate their defaults in appearing, unanimously affirmed, without costs.

Defendants have met neither requirement for vacating their default. As an excuse for the decedent’s failure to answer the complaint, defendants assert that he was already ill and dying in August 1999 when plaintiffs’ motion for a default…