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SIMPSON v. TOWN OF SOUTHAMPTON

Appellate Division of the Supreme Court of New York, Second Department.
Sep 18, 2007
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Ordered that the order is affirmed insofar as appealed from, with costs.

In seeking to vacate their default in opposing the plaintiffs' motion, the defendants were required to demonstrate a reasonable excuse and a meritorious defense to the action ( see CPLR 5015 [a] [1]; Eugene Di Lorenzo, Inc. v. A.C. Dutton Lbr. Co., 67 NY2d 138, 141; Canty v. Gregory, 37 AD3d 508; Hageman v. Home Depot U.S.A., Inc., 25 AD3d 760, 761). The defendants' conclusory excuse of law office failure did not constitute a reasonable excuse for their failure to oppose the motion ( see Matter of ELRAC, Inc. v Holder, 31 AD3d 636; Grezinsky v. Mount Hebron Cemetery, 305 AD2d 542). The defendants also failed to demonstrate any causal connection between the Town Attorney's illness and the default ( see Bowling Textile Mfg. Co. v Land, 179 AD2d 621). Accordingly, the branch of the defendants' motion which was to vacate their default was properly denied.

In light of our determination, we need not reach the defendants' remaining contention.