Opinion
January 26, 1993
Appeal from the Supreme Court, New York County (Joan Lobis, J.).
The IAS Court did not abuse its discretion in granting vacatur where defendants established an excusable default of short duration which resulted in no prejudice to plaintiffs (Gersten v Gersten, 134 A.D.2d 224; Arred Enters. Corp. v. Indemnity Ins. Co., 108 A.D.2d 624). In addition, defendants established a meritorious defense in that plaintiffs' motion for summary judgment in lieu of complaint pursuant to CPLR 3213 was inappropriate in the underlying action where resort to extrinsic documentation, beyond the stock purchase agreement sued upon, is necessary to determine the principal amount of the defendants' alleged indebtedness (Hirsch v. Rifkin, 166 A.D.2d 293; Tradition N. Am. v. Sweeney, 133 A.D.2d 53).
The IAS Court also properly denied defendants' motion seeking to stay or, in the alternative, to dismiss the underlying action pursuant to CPLR 3211 (a) (4) and 2201 based upon a pending Federal action where the defendants failed to establish complete identity of the parties, causes of action and of the relief sought in the two actions or that a determination in the Federal action will necessarily determine and dispose of all the issues in both actions were the requested stay or dismissal granted (Morgulas v. Yudell Realty, 161 A.D.2d 211; Abrams v. Xenon Indus., 145 A.D.2d 362).
Concur — Sullivan, J.P., Rosenberger, Wallach and Asch, JJ.