Opinion
Submitted October 4, 2000.
October 30, 2000.
In an action, inter alia, for a judgment declaring that the defendants are required to defend and indemnify the plaintiffs in an underlying action entitled Yakub v. Northport-East Northport Public Library, et al., pending in the Supreme Court, Nassau County under Index No. 97-029293, the defendant Molten Metal, Inc., appeals from so much of an order of the Supreme Court, Nassau County (Carter, J.), dated November 24, 1999, as granted that branch of the plaintiffs' motion which was for leave to enter a judgment against it upon its failure to appear or answer, and denied its cross motion to compel the plaintiffs to accept its answer.
Ahmuty, Demers McManus, Albertson, N.Y. (Frederick B. Simpson and Brendan T. Fitzpatrick of counsel), for appellant.
White, Quinlan Staley, Garden City, N.Y. (William R. White of counsel), for respondents.
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The appellant failed to demonstrate a reasonable excuse for its default. Therefore, the Supreme Court providently exercised its discretion in granting that branch of the plaintiffs' motion which was for leave to enter a judgment against the appellant upon its failure to appear or answer, and denying its cross motion to compel the plaintiffs to accept its answer (see, Cooper v. P T General Contracting Corp., 260 A.D.2d 423; Szilaski v. Aphrodite Construction Company, Inc., 247 A.D.2d 532; Miles v. Blue Label Trucking, Inc., 232 A.D.2d 382).