Opinion
October 10, 1967
Order entered February 2, 1967, opening plaintiffs' default and restoring case to calendar unanimously reversed on the facts and on the law, with $30 costs and disbursements to appellants, and motion denied. In this nonpreferred negligence action, plaintiffs defaulted on the calendar call of November 15, 1965. Judgment was entered December 10, 1965. Plaintiffs' attorney claims the default was due to neglect of an answering service but concedes that the records of the service do not confirm this claim. In any event, he admits knowledge of the default judgment in July, 1966. No motion for relief was made until November 30, 1966. The consistent pattern of delay precludes the granting of the motion ( D'Aprile v. Schoenfield, 25 A.D.2d 722).
Concur — Stevens, J.P., Eager, Steuer, Rabin and McNally, JJ.