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CAB ASSOC. v. ELSAYED

6 Misc.3d 13 (2004)

788 N.Y.S.2d 804

CAB ASSOCIATES, Respondent, v. ALI ELSAYED, Doing Business as ALEXANDRIA TILE COMPANY, et al., Appellants, et al., Defendant.

Supreme Court, Appellate Term, Second Department.

October 29, 2004.

Attorney(s) appearing for the Case

John C. Lane, New York City (Peter C. Bobchin of counsel), for appellants.

Kissel & Pesce LLP, Tarrytown (Jesse R. Dunbar of counsel), for respondent.

PESCE, P.J., and PATTERSON, J., concur; GOLIA, J., dissents in a separate memorandum.

OPINION OF THE COURT

Memorandum.

Order affirmed without costs.

A court may excuse a default in answering upon a showing of a reasonable excuse for the default and a meritorious defense (see CPLR 5015 [a]). The sole excuse offered in the present case by defendants Elsayed and Alexandria (appellants) was delay caused by the Alexandria defendants' insurance carrier, which is insufficient (see...

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