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TOLLIVER v. COUNTY OF NASSAU

231 A.D.2d 708 (1996)

647 N.Y.S.2d 834

Barbara Tolliver et al., Appellants, v. County of Nassau, Defendant, and Elliot Duboys, Respondent

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

September 30, 1996

Ordered that the order is affirmed, with costs.

In order to be relieved of their default, the plaintiffs were required to demonstrate both a reasonable excuse and a meritorious cause of action (see, CPLR 5015 [a]; Eugene Di Lorenzo, Inc. v Dutton Lbr. Co., 67 N.Y.2d 138). The fact that the plaintiffs' counsel was in the process of forming an association with another law firm during the time period within which the...

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