PLATONOV v. SCIABARRA


305 A.D.2d 651 (2003)

759 N.Y.S.2d 883

YURIY PLATONOV et al., Appellants, v. JOSEPH SCIABARRA, Respondent.

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

Decided May 27, 2003.


Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the plaintiffs motion, inter alia, to vacate their default in serving opposition papers to the defendant's motion to dismiss the complaint for lack of personal jurisdiction. The plaintiffs failed to demonstrate a reasonable excuse for their default. Although the plaintiffs' attorney claimed that he did not receive a copy of the defendant's motion papers...

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