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STEINBARTH v. OTIS ELEVATOR CO.

244 A.D.2d 930 (1997)

665 N.Y.S.2d 237

William A. Steinbarth et al., Appellants, v. Otis Elevator Company, Respondent and Third-Party Plaintiff. Robert Freudenheim, Third-Party Defendant-Respondent

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

November 19, 1997

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's motion to vacate the default (see, CPLR 5015 [a]). The court did not abuse its discretion in determining that the impairment of defendant's former attorney by alcoholism constituted a reasonable excuse for the default (see, Jiminez v St. John's Riverside Hosp., 161 A.D.2d 497), and defendant demonstrated...

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