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GARTNER v. UNIFIED WINDOWS, DOORS AND SIDING, INC.

2009-00138

71 A.D.3d 631 (2010)

896 N.Y.S.2d 415

MICHELE LIPPA GARTNER et al., Respondents, v. UNIFIED WINDOWS, DOORS AND SIDING, INC., Respondent, et al., Defendants, and HOT SIDING, INC., Appellant. (And Another Title.)

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

Decided March 2, 2010.

Ordered that the order dated December 3, 2008, is affirmed, without costs or disbursements.

The Supreme Court providently exercised its discretion in denying that branch of the appellant's motion which was pursuant to CPLR 5015 (a) (1) to vacate its default in appearing or answering the complaint, since the appellant failed to demonstrate a reasonable excuse for its three-year delay in appearing (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 

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