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Simms v. Window Doctor of Staten Island, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 13, 1998
252 A.D.2d 520 (N.Y. App. Div. 1998)

Opinion

July 13, 1998

Appeal from the Supreme Court, Richmond County (Leone, J.).


Ordered that the order is affirmed, with costs.

This appeal, originally heard in November 1994, was held in abeyance pending the determination of a petition in bankruptcy filed by the appellant Anthony Soraci. The parties failed to notify this Court that the bankruptcy proceeding was concluded.

The Supreme Court did not improvidently exercise its discretion in refusing to vacate the judgment entered against the appellants upon their default in answering the complaint. The appellants failed to establish a reasonable excuse for their default ( see, Putney v. Pearlman, 203 A.D.2d 333; Fennell v. Mason, 204 A.D.2d 599; Schiavetta v. McKeon, 190 A.D.2d 724; De Vito v. Marine Midland Bank, 100 A.D.2d 530, 531; Di Gangi v. Schiffgens, 90 A.D.2d 805).

Bracken, J. P., Rosenblatt, Friedmann and Goldstein, JJ., concur.


Summaries of

Simms v. Window Doctor of Staten Island, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Jul 13, 1998
252 A.D.2d 520 (N.Y. App. Div. 1998)
Case details for

Simms v. Window Doctor of Staten Island, Inc.

Case Details

Full title:STEPHEN R. SIMMS, Respondent v. WINDOW DOCTOR OF STATEN ISLAND, INC., et…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 13, 1998

Citations

252 A.D.2d 520 (N.Y. App. Div. 1998)
676 N.Y.S.2d 495