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LUGAUER v. FOREST CITY RATNER CO.

44 A.D.3d 829 (2007)

843 N.Y.S.2d 456

MICHAEL LUGAUER et al., Respondents, v. FOREST CITY RATNER CO. et al., Appellants.

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

Decided October 16, 2007.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the plaintiffs' motion is denied, and the defendants' cross motion pursuant to CPLR 3126 to dismiss the complaint for failure to prosecute is granted.

In order to excuse their default and to restore this action to the calendar, the plaintiffs were required to demonstrate a justifiable excuse for their failure to timely file the...

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