Opinion
November 15, 1995
Appeal from the Supreme Court, Monroe County, Curran, J.
Present — Denman, P.J., Green, Wesley, Balio and Boehm, JJ.
Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant Miller to vacate his default. Miller established a meritorious defense and an excuse for his delay and default (see, Pollack v Eskander, 191 A.D.2d 1022, appeal dismissed 81 N.Y.2d 1067). In light of that vacatur, the court also properly vacated its prior order granting plaintiffs partial summary judgment against defendant Nothnagle, whose liability is premised solely upon the acts of Miller.