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MAY v. LEX TERRAE OF NEW JERSEY, INC.

303 A.D.2d 213 (2003)

755 N.Y.S.2d 603

LAWRENCE E. MAY et al., Appellants, v. LEX TERRAE OF NEW JERSEY, INC., et al., Defendants, and NORMARK INDUSTRIES, INC., et al., Respondents.

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

Decided March 11, 2003.

Supreme Court properly denied plaintiffs' motion to vacate their default. Plaintiffs failed to offer a reasonable excuse for failing to appear in court on the day set for trial (22 NYCRR 202.27; CPLR 5015 [a] [1]). Whatever error may have caused plaintiffs to be unprepared to proceed to trial, they were aware of the trial date which the court set three days before when it specifically denied their request for a longer adjournment...

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