Opinion
January 23, 1996
Appeal from the Supreme Court, New York County (Beverly Cohen, J.).
As defendant has failed to demonstrate a reasonable excuse for its failure to timely oppose the summary judgment motion, its cross motion to vacate the default was properly denied (CPLR 5015 [a] [1]; see, P L Group v. Garfinkel, 150 A.D.2d 663). We note that even if defendant's opposition had been timely submitted, it would not have warranted denial of the motion since defendant does not demonstrate a reasonable excuse for its failure to comply with discovery and its failure to serve a bill of particulars as directed by the court's prior order, which had resulted in the striking of defendant's answer ( see, Orabi v George Hildebrandt, Inc., 157 A.D.2d 506).
Finally, as plaintiff demonstrated "good cause" for the delay in settling the order ( 22 NYCRR 202.48 [b]), denial of defendant's application to deem plaintiff's summary judgment motion abandoned was appropriate. We have considered defendant's other arguments and find them to be without merit.
Concur — Sullivan, J.P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.