Opinion
570151/03.
Decided December 2, 2003.
Defendants appeal from an order of the Civil Court, New York County, entered November 9, 2001 (Karen S. Smith, J.) denying defendants' motion to vacate a default judgment.
Before: Present: DAVIS, J.P., GANGEL-JACOB, SCHOENFELD, JJ.
Order entered November 9, 2001 (Karen S. Smith, J.) affirmed, with $10 costs.
There was no abuse of discretion in the denial of defendants' motion to vacate the default judgment. Examination of the record establishes that defendants failed to answer, failed to appear at inquest, and defaulted on their own prior motion to vacate the judgment. Where the record demonstrates a pattern of default or neglect, the default should be considered intentional and, therefore, not excusable (see, Village of Hempstead v. Jablonsky, 283 A.D.2d 553). Nor did defendant Ray Hagan raise a triable issue as to effective service upon a qualified person at his actual place of business (CPLR § 308).
Defendants' failure to establish an excusable default renders moot their claim of a meritorious defense (see, Crespo v. A.D.A. Management, 292 A.D.2d 5, 10; Ortiz v. Medina, 273 A.D.2d 9), including Hagan's claim that he was not a proper party defendant.