Opinion
2001-07689
Argued June 7, 2002
July 15, 2002.
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Queens County (Polizzi, J.), dated June 5, 2001, which denied their motion to vacate a conditional order of preclusion of the same court, dated August 28, 2000, and granted the plaintiff's cross motion to strike their answer and set the matter down for an inquest.
Purcell Ingrao, P.C., Mineola, N.Y. (Terrance J. Ingrao and Ralph P. Franco, Jr., of counsel), for appellants.
George S. Locker, New York, N.Y., for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court issued a conditional order of preclusion on August 28, 2000, granting the plaintiff's motion to strike the defendants' answer unless the defendants complied with certain discovery demands. The defendants did not submit any papers in opposition to the motion. In moving to vacate their default four months later, the defendants were required to demonstrate a reasonable excuse for their failure to oppose the motion and a meritorious defense (see Weitzenberg v. Nassau County Dept. of Recreation Parks, 282 A.D.2d 741; Roussodimou v. Zafiriadis, 238 A.D.2d 568). The Supreme Court properly denied the motion, as the defendants failed to demonstrate a reasonable excuse for their default (see Scoca v. Bon Realty Corp., 284 A.D.2d 388).
Furthermore, the Supreme Court properly granted the plaintiff's cross motion to strike the defendants' answer. As a result of the defendants' failure to fully comply with the conditional order of preclusion, that conditional order became absolute (see Jenkinson v. Naccarato, 286 A.D.2d 420; Weitzenberg v. Nassau County Dept. of Recreation and Parks, supra). The defendants failed to meet their burden of demonstrating a reasonable excuse for their failure to comply (see Weitzenberg v. Nassau County Dept. of Recreation Parks, supra; First Fed. Sav. Loan Assn. of Rochester v. 1220 Richmond Rd. Corp., 123 A.D.2d 418).
O'BRIEN, J.P., KRAUSMAN, SCHMIDT and COZIER, JJ., concur.
DECISION ORDER ON MOTION
Motion by the respondent, inter alia, to strike stated portions of the appellants' brief on an appeal from an order of the Supreme Court, Queens County, dated June 5, 2001. By decision and order of this court, dated March 21, 2002, that branch of the motion which was to strike stated portions of the appellants' brief was held in abeyance and referred to the Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers submitted in support of the motion, the papers submitted in opposition thereto, and upon the argument of the appeal, it is
ORDERED that the branch of the motion which was to strike stated portions of the appellants' brief is denied.
O'BRIEN, J.P., KRAUSMAN, SCHMIDT and COZIER, JJ., concur.