Opinion
Submitted January 5, 2000
February 17, 2000
In an action, inter alia, to recover damages for breach of a shareholders' agreement, the plaintiff appeals from an order of the Supreme Court, Nassau County (Roberto, J.), dated March 17, 1999, which, inter alia, denied his motion to vacate the dismissal of the complaint upon his default in proceeding with the trial.
John B. Weiss, P.C., Brooklyn, N.Y., for appellant.
O'Connor and O'Connor, Forest Hills, N.Y. (Terrence C. O'Connor of counsel), for respondents Expedite Mediation Arbitration Services, Inc., and Larry Roher.
Fingerit Wright Fingerit, LLP, New York, N. Y. (Irwin K. Fingerit of counsel), for respondents Stanley Roher, Ron DiBetta, and Expedite N.Y.C. Inc.
GUY JAMES MANGANO, P.J., FRED T. SANTUCCI, GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
To vacate a default, a plaintiff must demonstrate a reasonable excuse for his failure to proceed, a meritorious claim, and a defense to counterclaims ( see generally, Fidelity Deposit Co. of Md. v. Anderson Co., 60 N.Y.2d 693; Berra v. Mughal, 228 A.D.2d 401). The plaintiff failed to establish these elements.