Opinion
November 7, 1991
Appeal from the Supreme Court, Albany County (Conway, J.).
We reject plaintiffs' contention that Supreme Court erred in denying their motion to vacate the default judgment entered against them. The record supports the conclusion that plaintiffs failed to establish a justifiable excuse for the default and a meritorious claim (see, Amity Plumbing Heating Supply Corp. v Zito Plumbing Heating Corp., 110 A.D.2d 863). They did not offer a credible excuse for their failure to timely serve their papers in opposition to defendant's motion for summary judgment (see, Henderson v. Stilwell, 116 A.D.2d 861, lv denied 68 N.Y.2d 606; Dominski v. Firestone Tire Rubber Co., 92 A.D.2d 704). As the court noted, plaintiffs' affidavits offered only conclusory averments which failed to show the existence of a triable issue of fact to defeat the initial motion for summary judgment and thus failed to establish a meritorious claim (see, Saeed v Boulevard Hosp., 109 A.D.2d 831). The parties' remaining arguments have been considered and rejected as lacking in merit.
Casey, J.P., Weiss, Levine, Mercure and Harvey, JJ., concur. Ordered that the order is affirmed, without costs.