Opinion
June 12, 1989
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Ordered that the judgment is affirmed, with costs.
The Supreme Court properly exercised its discretion in denying the defendants' motion to vacate the default judgment since neither the defenses asserted nor the counterclaims were shown to be meritorious (see, Perellie v. Crimson's Rest., 108 A.D.2d 903; Arred Enters. Corp. v. Indemnity Ins. Co., 108 A.D.2d 624). Specifically, the defense of the plaintiffs' failure to satisfy the mortgage contingency clause is both factually and legally baseless (see, Lane v. Penner, 150 A.D.2d 643), and the claimed Statute of Frauds violation (General Obligations Law § 5-703 Gen. Oblig. [2]) was untimely asserted and, hence, was waived (see, Marcoux v Marcoux, 123 A.D.2d 844; Barnum v. Frickey, 115 A.D.2d 977). Mangano, J.P., Bracken, Kunzeman and Eiber, JJ., concur.