Opinion
March 18, 1999
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
Inasmuch as there is no appeal from an order denying reargument ( see, Lee v. Eglisau Estates, 255 A.D.2d 239; Silverstein v. Silverstein, 130 A.D.2d 369), and no appeal from an order denying summary judgment on default ( see, Barber v. Ford Motor Co., 250 A.D.2d 552; Raybould v. Swett, 248 A.D.2d 238; CPLR 5511), the appeals from those orders must be dismissed. The appeal from the order denying vacatur cannot be dismissed as untimely here, in the absence of evidence as to when that order and notice of entry was served upon defendants. Moreover, that order is reversed. Appellant sufficiently demonstrated that he had a reasonable excuse for the default, i.e., the court's notification of the wrong attorney and the failure of his clerical service to discover the adjourned date for oral argument on the motion ( see, Drummond v. Petito, 253 A.D.2d 407; Grossberg Tudanger Adv. v. Weinreb, 177 A.D.2d 377; Coughlin v. Merchants Mist. Ins. Co., 58 A.D.2d 913), that his summary judgment motion and his claim against defendants had merit, and that defendants suffered no prejudice as a result of his default since they had submitted their opposition papers well in advance of oral argument.
Concur — Ellerin, P. J., Rosenberger, Williams and Andrias, JJ.