Opinion
April 4, 1995
Appeal from the Supreme Court, New York County (Walter Tolub, J.).
The IAS Court properly exercised its discretion in denying defendants' renewal motion to vacate a default judgment where defendants failed to offer any excuse for not including in the original motion an affidavit from one of the defendants (Foley v Roche, 68 A.D.2d 558, 568). In the absence of an affidavit by one with personal knowledge of the facts, defendants failed to establish a meritorious defense to the action (James v Hoffman, 158 A.D.2d 398). In any event, defendants' excuse that their failure to file an answer was due to their attorney's mistaken belief that plaintiff had abandoned the action is belied by the record (see, Montalvo v Nel Taxi Corp., 114 A.D.2d 494, 495, lv denied and dismissed 68 N.Y.2d 643).
Concur — Ellerin, J.P., Kupferman, Ross, Asch and Tom, JJ.