Opinion
December 9, 1993
Appeal from the Supreme Court, New York County (Helen Freedman, J.).
Defendants' nonreceipt of plaintiff's complaint constitutes a reasonable excuse for their failure to answer, and we find that they also have a meritorious defense. Plaintiff's application for an order directing defendants to furnish a note for the balance was properly denied, since no such relief had been requested in either of plaintiff's pleadings, and plaintiff's fraud claim, raised for the first time in its motion, is contested.
Concur — Murphy, P.J., Rosenberger, Ross and Nardelli, JJ.