MUNDO v. HASENCLEVER MASCHINENFABRIK


258 A.D.2d 385 (1999)

683 N.Y.S.2d 853

JOSE MUNDO et al., Appellants, v. SMS HASENCLEVER MASCHINENFABRIK, Respondent.

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

Decided February 23, 1999.


The IAS Court's denial of plaintiffs' motion to vacate their default was proper, since plaintiffs' complaint was manifestly without merit. Plaintiffs' present action is barred by the adjudication, on the merits, of their prior action, Mundo v SMS Hasenclever Maschinenfabrik (224 A.D.2d 343, lv denied 88 N.Y.2d 1014), involving the same parties and occurrence (see, Eidelberg v Zellermayer...

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