DeFazio v. Berley Realty Corp.

Full title: MICHAEL DeFAZIO et al., Appellants, v. BERLEY REALTY CORP. et al.…

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

Date published: Mar 2, 1999

259 A.D.2d 266 (N.Y. App. Div. 1999)

686 N.Y.S.2d 10

Opinion

March 2, 1999

Appeal from the Supreme Court, New York County (Richard Braun, J.).

The IAS Court properly denied plaintiffs' motion to renew ( see, Silverman v. Leucadia Inc., 159 A.D.2d 254). In any event, on the merits, plaintiffs failed to establish either a reasonable excuse for their default or that their claim was meritorious ( see, Goncalves v. Stuyvesant Dev. Assocs., 232 A.D.2d 275). Plaintiffs' affidavit of merit, containing little else but conclusory allegations, failed to make a sufficient showing that the alleged assault was foreseeable, or that it was proximately caused by some breach by defendants of a duty owed by them to plaintiffs ( compare, Bonano v. S.Z. Realty Corp., 256 A.D.2d 268).

Concur — Nardelli, J. P., Wallach, Lerner and Rubin, JJ.