MELNICK v. KHOROUSHI


57 A.D.3d 414 (2008)

869 N.Y.S.2d 500

STUART L. MELNICK et al., Appellants, v. FRED KHOROUSHI et al., Respondents, et al., Defendant.

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

December 30, 2008.


A default is considered intentional when a party takes no steps to vacate it until after judgment has been entered against him (see Roussodimou v Zafiriadis, 238 A.D.2d 568, 569 [1997]). Despite having been afforded ample opportunity to avoid the entry of default judgment, plaintiffs failed to demonstrate either a reasonable excuse for their default or a meritorious defense to the counterclaims asserted by defendants (see Granibras...

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