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CARUSO v. VALENTIN

2007-11366

2008 NY Slip Op 07204

LOUIS CARUSO, respondent, v. JOHN VALENTIN, A/K/A JUAN VALENTIN, ET AL., appellants.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Paul L. Dashefsky, Smithtown, N.Y., for appellants.

Law Offices of John T. Patafio, P.C., Amityville, N.Y. (Russell Mauro of counsel), for respondent.

Before: Peter B. Skelos, J.P., David S. Ritter, Mark C. Dillon, Edward D. Carni, John M. Leventhal, JJ.

DECISION & ORDER

ORDERED that the order is affirmed, with costs.

The Supreme Court did not improvidently exercise its discretion in denying that branch of the defendants' motion which was to vacate the judgment entered upon their failure to appear or answer pursuant to CPLR 5015 since they failed to present a reasonable excuse for their default or to demonstrate the existence of a meritorious defense (see CPLR 5015[a][1]; Eugene Di Lorenzo, Inc...

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