Opinion
June 4, 1998
Appeal from the Supreme Court, Queens County (Milano, J.).
Ordered that the appeal from the order dated November 14, 1996, is dismissed, as that order was superseded by the order dated January 15, 1997, made upon renewal; and it is further,
Ordered that the order dated January 15, 1997, is affirmed insofar as appealed from; and it is further,
Ordered that the order dated May 28, 1997, is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
It is well settled that a defendant seeking to vacate a default must demonstrate both a reasonable excuse for the default and the existence of a meritorious defense (see, Rock v. Schwartz, 244 A.D.2d 542). What constitutes a reasonable excuse lies within the sound discretion of the Supreme Court (see, Gonzales v. Treppiedi, 225 A.D.2d 587). In light of the defendants' conceded misrepresentations that they did not have notice of the action, and their long delay in seeking to vacate the default, the Supreme Court did not improvidently exercise its discretion in denying the defendants' motions to vacate the default.
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.