Opinion
No. 16015 Index No. 153008/20 Case No. 2021-04445
05-26-2022
Urban D.C. Inc., Plaintiff-Appellant, v. 29 Green Street LLC, et al., Defendants, McGowan Builders, Inc., et al., Defendants-Respondents.
Law Offices of Matthew T. Worner, White Plains (Matthew T. Worner of counsel), for appellant. Grae & Grae, LLC, New York (Previn A. Waran of counsel), for respondents.
Law Offices of Matthew T. Worner, White Plains (Matthew T. Worner of counsel), for appellant.
Grae & Grae, LLC, New York (Previn A. Waran of counsel), for respondents.
Before: Kern, J.P., Oing, Singh, Moulton, Scarpulla, JJ.
Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered May 11, 2021, which denied plaintiff's motion to vacate an order, same court and Justice, entered February 23, 2021, which, among other things, dismissed the complaint and the response to defendants' counterclaims without prejudice, unanimously affirmed, without costs.
The court providently exercised its discretion by declining to vacate its prior order, entered on plaintiff's default (CPLR 5015[a][1]; see Rivera v Shypri Realty Corp., 198 A.D.3d 448, 448-449 [1st Dept 2021]). Plaintiff's conclusory references to "law office failure" and unspecified "personal health issues" of its counsel, without detail or evidentiary support, do not rise to the level of a reasonable excuse for the default (see Liparulo v New York City Health and Hosps. Corp., 193 A.D.3d 593, 594 [1st Dept 2021], lv dismissed 37 N.Y.3d 1088 [2021]). Because plaintiff failed to demonstrate a reasonable excuse, we need not address whether it had a meritorious claim against defendants or whether it had a defense to the counterclaims (see U.S. Bank N.A. v Brown, 147 A.D.3d 428, 429-430 [1st Dept 2017]).
We have considered plaintiff's remaining arguments and find them unavailing.