Appellants have now moved under CPLR 5015 (subd. [a]) to vacate the order on the grounds that there was an "excusable default". The simple answer is that there was no default on the prior motion. The case was dismissed after appellants appeared and urged the court to excuse their failure to file a complaint. They may not relitigate that issue now by changing the statutory label on the motion papers and arguing that the failure to serve a complaint resulted in an order because...
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