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MATTER OF WYNYARD v. ANTIQUE CO. OF NEW YORK, INC.

247 A.D.2d 265 (1998)

668 N.Y.S.2d 617

In the Matter of Martin Wynyard et al., Appellants, v. Antique Company of New York, Inc., et al., Respondents, and Fides Treuhand-Vereinigung, Respondent

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

February 17, 1998

The court properly exercised its discretion in denying the motion to vacate the order entered on default since petitioners failed to satisfy their burden of demonstrating a reasonable excuse for the default by submitting an affidavit by someone with personal knowledge of the material facts (see, Adefioye v Volunteers of Am., 222 A.D.2d 246). Neither any of the individual petitioners nor anyone from the law firm then representing...

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