Opinion
May 1, 1967
Appeal from order of the Supreme Court, Westchester County, dated November 3, 1966, dismissed, without costs. That order was superseded by the order of said court dated December 7, 1966 and made on reargument. Order of said court, dated December 7, 1966, made on reargument, reversed insofar as appealed from, as to the appealing defendants, without costs; plaintiffs' motion to vacate their default and to restore the action to the Trial Calendar denied as to appellants; and action severed accordingly. In our opinion, plaintiffs' showing of merit and excuse for the delay was inadequate to warrant granting the relief (see Von Diezelski v. Food Fair Stores, 18 A.D.2d 724; Mintzer v. Loeb, Rhoades Co., 10 A.D.2d 27). Beldock, P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.