Opinion
February 6, 1996
Appeal from the Supreme Court, New York County (Edward Greenfield, J.).
As defendant has failed to offer any excuse, let alone a reasonable one, for her deliberate failure to comply with the court's prior order requiring her to post an undertaking and deposit monthly rents with the court upon requesting an additional adjournment of the trial of this action, it is clear her answer was properly stricken in 1989 and that her 1993 cross motion to vacate the resulting 1989 judgment was properly denied ( see, Mercado v. Allstate Life Ins. Co., 193 A.D.2d 476). Defendant also failed to offer a meritorious defense to this action ( supra). The evidence clearly demonstrates that plaintiff has legal standing to bring this action. Defendant has also failed to provide a reasonable excuse for the four year delay in seeking to vacate the 1989 judgment ( see, Berkshire Bank v. Mirabella, 200 A.D.2d 530).
In light of defendant's repeated dilatory tactics and frivolous conduct in this matter, it was a proper exercise of discretion for the IAS Court to sanction both defendant and her counsel ( see, Pahl Equip. Corp. v. Kassis, 182 A.D.2d 22, 32-33, lv denied and dismissed 80 N.Y.2d 1005).
The appeal from the judgment entered June 26, 1989, served with notice of entry on June 28, 1989, is untimely pursuant to CPLR 5513 (a).
We have considered defendant's other contentions and find them to be without merit.
Concur — Ellerin, J.P., Kupferman, Ross and Williams, JJ.