Opinion
January 19, 1995
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
The IAS Court's refusal to vacate defendants' two-pronged default was a proper exercise of discretion where the excuse offered by defendants' attorney for not attending the May 23, 1994 compliance conference — that he was unaware of its scheduling in the February 7, 1994 preliminary conference order issued some three weeks before he had been substituted in — was inconsistent with his reason for not answering the amended complaint referred to in the February 7 order — that the February 7 order did not provide for the service of an amended complaint, and, as the IAS Court stated, the amended complaint should not have been ignored "whatever its merits".
Concur — Rosenberger, J.P., Asch, Rubin and Nardelli, JJ.