Opinion
No. 2003-148 K C.
Decided April 9, 2004.
Appeal by plaintiffs from an order of the Civil Court, Kings County (K. Yellen, J.), entered on November 25, 2002, which granted defendant Michael Stallone's motion to vacate a default and dismissed the action against both defendants.
Order unanimously affirmed without costs.
PRESENT: PESCE, P.J., PATTERSON and GOLIA, JJ.
Upon review of the record, we find that plaintiffs' prior motion for entry of a default did not provide adequate notice (CPLR 2214; 2103 [b] [2]) and, thus, the lower court's order granting defendant Stallone's motion to vacate the order setting the matter down for an inquest should not be disturbed. Moreover, defendant established a meritorious defense and a reasonable excuse to vacate the default. We further find that plaintiffs' claims of judicial misconduct and prejudice were not supported by the record before this court.