DeFazio v. Berley Realty Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Supreme Court, New York County (Richard Braun, J.), entered on or about December 15, 1997, which denied plaintiffs’ motion to renew and upon renewal to vacate a prior order entered upon their default granting defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
The IAS Court properly denied plaintiffs’ motion to renew (see, Silverman v Leucadia Inc., 159 AD2d 254). In any event, on the merits, plaintiffs failed to establish either a reasonable excuse for their default or that their claim was meritorious (see, Goncalves v Stuyvesant Dev.…
2Cases cited3 opinions
- Goncalves v. Stuyvesant Development AssociatesAppellate Division of the Supreme Court of the State of New York · 1996
- Silverman v. Leucadia Inc.Appellate Division of the Supreme Court of the State of New York · 1990
- Bonano v. S.Z. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1998