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LIPARULO v. NEW YORK CITY HEALTH AND HOSPS. CORP.

Index No. 22539/15E. Appeal No. 13665N. Case No. 2020-02330N.

193 A.D.3d 593 (2021)

143 N.Y.S.3d 183

2021 NY Slip Op 02464

Carmine Liparulo et al., Appellants, v. New York City Health and Hospitals Corporation et al., Respondents.

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

Decided April 22, 2021.

Attorney(s) appearing for the Case

Schaeffer Venaglia Handler & Fitzsimmons, LLP, New York ( Richard J. Schaeffer of counsel), for appellants.

James E. Johnson , Corporation Counsel, New York ( Antonella Karlin of counsel), for respondents.

Concur—Acosta, P.J., Renwick, Singh, Moulton, JJ.

Plaintiffs failed to demonstrate both excusable default and a meritorious defense (CPLR 5015[a]; Kanat v Ochsner, 301 A.D.2d 456, 457 [1st Dept 2003]). No reasonable excuse was given either for plaintiffs' failure to oppose dismissal, their longstanding pattern of noncompliance with discovery demands and multiple court orders, or their failure to appear at scheduled court conferences....

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