Opinion
January 28, 1992
Appeal from the Supreme Court, New York County (Martin Evans, J.).
It is within the IAS court's discretion to determine whether or not a party who claims not to have been properly served has shown a reasonable excuse for the default (see, Orimex Trading v Berman, 168 A.D.2d 263). Here, the record supports the IAS court's conclusion that the appealing defendants did not show a reasonable excuse for their default, and indeed that the default was deliberate. Accordingly, the motion to vacate the default was properly denied.
Concur — Murphy, P.J., Sullivan, Ellerin, Ross and Kassal, JJ.