Opinion
Submitted May 12, 1999
June 28, 1999
In an action to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Garson, J.), dated July 15, 1998, which denied his motion pursuant to CPLR 5015(a) to vacate a prior order of the same court, dated September 24, 1997, granting the defendants' motion for summary judgment dismissing the complaint upon his default in responding to the motion.
Ullman Huber, P.C., Westbury, N.Y. (David Ullman of counsel), for appellant.
Schiavetti, Geisler, Corgan, Soscia, DeVito, Gabriele and Nicholson, LLP, New York, N.Y. (Lori A. Marano and Randall M. Elfenbein of counsel), for respondents.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, GLORIA GOLDSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying the plaintiff's motion pursuant to CPLR 5015(a), since the plaintiff failed to establish a reasonable excuse for his default ( see, CPLR 5015[a][1]; see also, Yellow Book Co. v. Helman, 236 A.D.2d 468; Jacobwitz Gubits v. Duffy, 236 A.D.2d 446; General Elec. Capital Auto Lease v. Terzi, 232 A.D.2d 449).