Riverhead Food Market, Inc. v. Taddeus Zalewski

221 A.D.2d 617, 635 N.Y.S.2d 492, 1995 N.Y. App. Div. LEXIS 12457

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 27, 1995
• Status: Published

Opinion

—In an action to recover a down payment, the defendants appeal from an order of the Supreme Court, Nassau County (Kohn, J.), dated August 1, 1994, which denied their motion to vacate a default judgment dated May 25, 1994.

Ordered that the order is affirmed, with costs.

The Supreme Court found that the proffered excuse of law office failure was not a reasonable excuse for the defendants’ default. Under the circumstances of this case we discern no improvident exercise of discretion in the Supreme Court’s rejection of this excuse (see, Fennell v Mason, 204 AD2d 599; Putney v Pearlman, 203 AD2d 333).

The defendants’ remaining contentions are without merit. Sullivan, J. P., Thompson, Krausman and Florio, JJ., concur.