ALBA v. PASTORESSA


16 A.D.3d 243 (2005)

791 N.Y.S.2d 547

AMANDA ALBA et al., Infants, by Their Mother and Natural Guardian, MARIA ALBA, et al., Respondents, v. JOSEPH PASTORESSA, as Executor of ANGELO RIVIEZZO, Deceased, et al., Appellants, et al., Defendants.

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

March 22, 2005


Defendants have met neither requirement for vacating their default. As an excuse for the decedent's failure to answer the complaint, defendants assert that he was already ill and dying in August 1999 when plaintiffs' motion for a default judgment was granted; however, the relevant point in time is almost a year earlier, in September 1998, when the decedent was served. Concerning the other defendants, who were also served in September 1998, not even a semblance of an excuse...

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