Opinion
2002-07812
Argued April 28, 2003.
May 19, 2003.
In an action to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Kings County (Kramer, J.), dated June 4, 2002, which denied their motion pursuant to CPLR 5015 to vacate a prior order of the same court, dated June 6, 2001, dismissing the action for failure to prosecute.
Ballon Stoll Bader Nadler, P.C., New York, N.Y. (Marshall Bellovin of counsel), for appellants.
Ahmuty, Demers McManus, Albertson, N.Y. (Brendan T. Fitzpatrick of counsel), for respondents Mount Hebron Cemetery and Cedar Grove Cemetery Association.
Before: MYRIAM J. ALTMAN, J.P., BARRY A. COZIER, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
In order to vacate a default pursuant to CPLR 5015, a plaintiff must establish both a reasonable excuse and a meritorious cause of action (see CPLR 5015; Westchester County Med. Ctr. v. Allstate Ins. Co., 283 A.D.2d 488; Greene v. New York City Hous. Auth., 283 A.D.2d 458; Matter of AIU Ins. Co. v. Fernandez, 281 A.D.2d 542; Poincy v. White Bus Co., 278 A.D.2d 467). While law office failure may, under certain circumstances, constitute a reasonable excuse for vacating a default, the movant must set forth detailed factual allegations which explain the reason for such failure (see Morris v. Metropolitan Tranp. Auth., 191 A.D.2d 682).
Contrary to the plaintiffs' contention, their unsubstantiated allegations of law office failure did not constitute a reasonable excuse. Further, the plaintiffs failed to set forth a meritorious cause of action. Accordingly, the denial of their motion to vacate the order dismissing the action was proper.
The plaintiffs' remaining contentions are unpreserved for appellate review (see Aguirre v. City of New York, 214 A.D.2d 692, 694; Stilo v. County of Nassau, 122 A.D.2d 41, 45).
ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.