BASILE v. MULHOLLAND

2827, 103030/09

73 A.D.3d 597 (2010)

899 N.Y.S.2d 851

FRANK BASILE et al., Respondents, v. SHANNON MULHOLLAND et al., Appellants.

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

Decided May 20, 2010.


Defendants adduce no competent evidence to support their assertion that the individual defendant had no interest in the corporate defendants for a four-month period of time that happened to coincide with commencement of the action, relieving her of responsibility for answering the complaint, and otherwise fail to show a reasonable excuse for their default (CPLR 5015 [a] [1]). CPLR 3215 (g) (3) does not avail defendants, as the action is not one based on nonpayment of a contractual...

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