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U.S. Dental v. Hart Armonk Associates

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 221 (N.Y. App. Div. 2000)

Opinion

Submitted October 11, 2000.

November 6, 2000.

In an action, inter alia, to recover damages for breach of a commercial lease, the defendants appeal from an order of the Supreme Court, Westchester County (DiBlasi, J.), entered November 30, 1999, which denied their motion for leave to vacate an order of the same court, dated October 6, 1999, granting the plaintiffs' motion for leave to enter a judgment against them upon their default in appearing or answering.

Harold, Salant, Strassfield Spielberg, White Plains, N Y (Jerold C. Rotbard of counsel), for appellants.

Dorsey Whitney, LLP, New York, N.Y. (Jonathan M. Herman and Andrew P. Averbach of counsel), for respondents.

Before: GUY JAMES MANGANO, P.J., SONDRA MILLER, LEO F. McGINITY, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the defendants' motion to vacate an order granting the plaintiffs' motion for leave to enter a judgment against them upon their default in appearing or answering. The defendants failed to demonstrate a reasonable excuse for their default (see, Bravo v. New York City Hous. Auth., 253 A.D.2d 510; Swedish v. Bourie, 233 A.D.2d 495; Miles v. Blue Label Trucking, 232 A.D.2d 382).


Summaries of

U.S. Dental v. Hart Armonk Associates

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 2000
277 A.D.2d 221 (N.Y. App. Div. 2000)
Case details for

U.S. Dental v. Hart Armonk Associates

Case Details

Full title:U.S. DENTAL, INC., ET AL., RESPONDENTS, v. HART ARMONK ASSOCIATES, LLC, ET…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 6, 2000

Citations

277 A.D.2d 221 (N.Y. App. Div. 2000)
716 N.Y.S.2d 868

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