Opinion
March 23, 2000
Order, Supreme Court, New York County (Richard Lowe, III, J.), entered on or about August 18, 1999, which, inter alia, denied defendants' cross motion to dismiss the complaint, unanimously affirmed, without costs. Order, same court and Justice, entered November 16, 1999, which, insofar as appealable, denied defendants' motion to vacate the default judgment entered against them, unanimously reversed, on the facts, without costs, to vacate the default judgment, and defendants directed to answer within 10 days of service of this order with notice of entry.
Robert J. Tolchin, for plaintiff-respondent.
Eugene F. Haber, for defendants-appellants.
NARDELLI, J.P., ELLERIN, LERNER, RUBIN, JJ.
Defendants' cross motion to dismiss pursuant to CPLR 3211(a)(1) and (7) was properly denied. The documentary evidence submitted by defendants to support their assertion that they were not the title owners of the taxicab in which plaintiff was injured are sufficiently contradicted by plaintiff's evidence to the contrary (see, Leon v. Martinez, 84 N.Y.2d 83, 87-88), and plaintiff's complaint states a claim for vicarious liability. However, the default judgment entered against defendants should have been vacated upon a showing that their defaults were unintentional and that they have a meritorious defense.
Motion seeking to dismiss a portion of the defendants' appeal and for other related relief denied.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.