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CAPRIO v. 1025 MANHATTAN AVENUE CORP.

63 A.D.3d 656 (2009)

880 N.Y.S.2d 192

LAUREL CAPRIO et al., Appellants, v. 1025 MANHATTAN AVENUE CORP., Doing Business as MARK BAR, et al., Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 2, 2009.

Ordered that the order dated July 17, 2008 is reversed, on the law, with costs, and the defendants' motion to vacate the order dated February 7, 2008 is denied.

In order to vacate their default in opposing the plaintiffs' motion pursuant to CPLR 3126 to strike their answers, the defendants were required to demonstrate a reasonable excuse for their default and a meritorious defense to both the motion and the action (see CPLR 5015 [a] [1]; Nowell v NYU Med...

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