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LAKE CLAIRE HOMEOWNERS ASS'N, INC. v. ROSENBERG

245 A.D.2d 427 (1997)

666 N.Y.S.2d 476

Lake Claire Homeowners Association, Inc., et al., Respondents-Appellants, v. Armand Rosenberg et al., Appellants-Respondents

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

December 15, 1997

Ordered that the order is affirmed, with costs to the plaintiffs.

The defendants' counterclaim alleging conspiracy by the plaintiffs was dismissed on default when they failed to appear at a scheduled trial readiness conference (see, 22 NYCRR 202.27 [b]). The court properly denied the defendants' motion, inter alia, to vacate their default absent an adequate showing that their claim has legal merit (see, CPLR 5015 [a] [1]; Alliance Prop. Mgt...

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