Opinion
2001-10641
Submitted March 19, 2003.
April 14, 2003.
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (M. Garson, J.), dated October 17, 2001, which denied their motion to vacate a prior order of the same court, dated June 27, 2001, granting the defendants' motion to dismiss the complaint upon the plaintiffs' failure to oppose the motion.
Ofshtein Ross, P.C., Brooklyn, N.Y. (Melissa Betancourt of counsel), for appellants.
Christopher A. Jeffreys, P.C., Melville, N.Y. (Edward J. Savidge of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
To vacate their default in opposing the defendants' motion to dismiss the complaint, plaintiffs had to demonstrate a reasonable excuse for their default and a meritorious cause of action (see Melo v. Pagano, 297 A.D.2d 717; see also Burns v. Casale, 276 A.D.2d 734). As the plaintiffs did neither, the Supreme Court properly denied their motion to vacate their default.
FEUERSTEIN, J.P., GOLDSTEIN, H. MILLER and RIVERA, JJ., concur.