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JANSONS ASSOCIATED INC. v. 12 E. 72ND LLC

11845. 656755/16.

185 A.D.3d 499 (2020)

125 N.Y.S.3d 548

2020 NY Slip Op 04003

Jansons Associated Inc., Respondent, v. 12 E. 72nd LLC, et al., Appellants, et al., Defendant.

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

Decided July 16, 2020.

The motion court providently exercised its discretion when it determined that Owner and Merrick failed to articulate a reasonable excuse for their default under CPLR 5015(a)(1) (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 142 [1986]; Chevalier v 368 E. 148th St. Assoc., LLC, 80 A.D.3d 411, 413-414 [1st Dept 2011]). Merrick admits that it received a timely copy of the...

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