Sandler, J. P., and Silverman, J., dissent in a memorandum by Silverman, J., as follows:
I would modify the order appealed from so as to make the dismissal of the complaint absolute and not conditional. There is no showing either of merit to the plaintiffs' claim or an acceptable excuse for the default. Both are required before the default can be excused. (Barasch v Micucci,
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