Opinion
2002-02736, 2002-06273
Argued February 21, 2003.
March 24, 2003.
In an action to recover damages for breach of contract, the defendants appeal from (1) an order of the Supreme Court, Westchester County (Donovan, J.), dated February 26, 2002, which denied their motion to vacate their default in answering the complaint, and (2) a judgment of the same court (DiBlasi, J.), dated November 4, 2002, which, upon a decision of the same court entered May 22, 2002, after an inquest, is in favor of the plaintiff and against them in the sum of $601,253.
Silver Silver, LLP, New York, N.Y. (Herbert J. Silver of counsel), for appellants.
Katz Klein, White Plains, N.Y. (Gerald M. Klein of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that on the court's own motion, the notice of appeal from the decision is deemed a premature notice of appeal from the judgment (see CPLR 5520[c]); and it is further,
ORDERED that the order and the judgment are affirmed, with one bill of costs.
The Supreme Court providently exercised its discretion in denying the defendants' motion to vacate their default in answering the complaint based upon their failure to demonstrate a reasonable excuse for their failure to timely answer and a meritorious defense to the action (see Trotman v. Aya Cab Corp., 300 A.D.2d 573; Matter of Gambardella v. Otov Light., 278 A.D.2d 494; Parker v. City of New York, 272 A.D.2d 310; Gleissner v. Singh, 264 A.D.2d 811; Kyriacopoulos v. Mendon Leasing Corp., 216 A.D.2d 532; De Vito v. Marine Midland Bank, 100 A.D.2d 530).
FEUERSTEIN, J.P., FRIEDMANN, SCHMIDT and MASTRO, JJ., concur.