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GERLIN v. TRUCKING

303 A.D.2d 262 (2003)

757 N.Y.S.2d 21

PAUL GERLIN, Respondent, v. J. HOMANN TRUCKING et al., Appellants.

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

Decided March 18, 2003.

Defendants fail to offer a reasonable excuse for their long delay in moving to vacate their default, and thus their motion, when finally made, was properly denied regardless of whether they have a meritorious defense (see Crespo v Kynda Cab Corp., 299 A.D.2d 295 [2002]). Defendants learned of the action upon being served with process in June 1999, and, in July 1999, shortly after plaintiff moved for a default judgment, advised plaintiff...

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