Opinion
April 12, 1999
Appeal from the Supreme Court, Kings County (Barasch, J.).
Ordered that the order dated May 14, 1998, is reversed insofar as appealed from, as a matter of discretion, with costs, that branch of the defendant's motion which was to vacate the order dated December 9, 1997, is denied, and the order dated December 9, 1997, granting the plaintiffs' motion for leave to enter a judgment on the issue of liability and directing an inquest on the issue of damages is reinstated.
The defendant moved, inter alia, pursuant to CPLR 5015 (a) (1) to vacate an order entered against it by the plaintiffs upon its default in answering or appearing. However, because the defendant demonstrated neither a reasonable excuse for its default nor a meritorious defense, the Supreme Court improvidently exercised its discretion in granting that relief ( see, Roussodimou v. Zafiriadis, 238 A.D.2d 568; Fennell v. Mason, 204 A.D.2d 599; Putney v. Pearlman, 203 A.D.2d 333).
O'Brien, J. P., Ritter, Joy and Altman, JJ., concur.