Opinion
October 9, 1990
Appeal from the Supreme Court, New York County (Robert E. White, J.).
The appeal from the order dated April 12, 1990 is dismissed, as no appeal lies from an order entered upon the default of the aggrieved party. (CPLR 5511.)
Notwithstanding the short delay occasioned by the default, defendants' repeated failure to appear for trial of this matter and counsel's repeated evasions, in an effort to demonstrate a legally excusable default, demonstrate that the court did not abuse its discretion in denying the motion to vacate the default. (Raphael v. Cohen, 62 N.Y.2d 700, 701.) Counsel's affirmation contained numerous claims, either completely belied by the record or incredible. (Cari v. Pastore, 142 A.D.2d 799, 800.) Defendants have also failed to demonstrate the existence of a meritorious defense. (Eisenstein v. Rose, 135 A.D.2d 369, 370.)
Concur — Murphy, P.J., Kupferman, Ross and Ellerin, JJ.