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CITY NATL. BANK v. BABY BLUE DISTRIBS., INC.

159354/20. Appeal No. 14699. Case No. 2021-01792.

199 A.D.3d 559 (2021)

158 N.Y.S.3d 65

2021 NY Slip Op 06537

City National Bank, Respondent, v. Baby Blue Distributions, Inc., et al., Appellants.

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

Decided November 23, 2021.

Attorney(s) appearing for the Case

Craig Stuart Lanza , Brooklyn, for appellants.

Davis + Gilbert LLP, New York ( David S. Greenberg of counsel), for respondent.

Concur—Kern, J.P., Gesmer, González, Shulman, Higgitt, JJ.

We agree with the motion court that while defendants offered a reasonable excuse for their default, they failed to demonstrate a meritorious defense to this action for repayment of a promissory note (see CPLR 5015[a][1]; Benson Park Assoc., LLC v Herman, 73 A.D.3d 464 [1st Dept 2010]). Defendants asserted the defense of impossibility predicated on the economic impact of government COVID-19-related regulations upon nonessential...

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