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FOSTER v. BALLY'S TOTAL FITNESS CORPORATION

260 A.D.2d 427 (1999)

686 N.Y.S.2d 716

RICHARD K. FOSTER, Respondent, v. BALLY'S TOTAL FITNESS CORPORATION, Appellant.

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

Decided April 12, 1999.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the defendant's motion to vacate the order entered upon its failure to timely serve an answer, given its failure to state an excusable delay and a meritorious defense (see, CPLR 5015 [a] [1]; Miles v Blue Label Trucking, 232 A.D.2d 382; Fayet v Fayet, 214 A.D.2d 534

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