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"CARMICHAEL" WISE v. BLUE

289 A.D.2d 131 (2001)

734 N.Y.S.2d 172

ARAEFO "CARMICHAEL" WISE et al., Appellants, v. LILLIE BLUE et al., Respondents, et al., Defendants.

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

Decided December 18, 2001.

The motion court properly exercised its discretion in vacating its default order entered solely as a result of defendants' failure to timely appear for oral argument (see, Vitiello v Mayrich Constr. Corp., 255 A.D.2d 182). Defendants provided a reasonable excuse for their "default" (see, CPLR 5015 [a] [1]; Kramer v Edenwald Constr. Co., 261 A.D.2d 284) and demonstrated that their...

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