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EXPRESS TRADE CAPITAL, INC. v. HOROWITZ

Index No. 656949/19. Appeal No. 14437. Case No. 2021-01170.

198 A.D.3d 529 (2021)

152 N.Y.S.3d 821

2021 NY Slip Op 05773

Express Trade Capital, Inc., Respondent, v. Brian Horowitz et al., Appellants.

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

Decided October 21, 2021.

Attorney(s) appearing for the Case

Law Offices of Michael J. Langer, P.C., Mineola ( Michael J. Langer of counsel), for appellants.

Express Trade Capital, Inc., New York ( Benjamin M. Ellis of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Kern, Oing, Kennedy, JJ.

Defendants failed to proffer either a reasonable excuse for their default or a meritorious defense (see Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co., 67 N.Y.2d 138, 141 [1986]). They admitted that they had received various "papers" from plaintiff, including the motion, and invoked the pandemic, but did not explain how it interfered with their ability to respond.

The forum selection clause in the settlement agreement between...

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