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29-31 NORTH STATION PLAZA, respondent, v. SHMULICK CONSTRUCTION CORPORATION, ET AL., appellants.

DECISION ORDER

ORDERED that the appeal by the defendant Shmulick Construction Corporation is dismissed, as it is not aggrieved by the order appealed from ( see CPLR 5511); and it is further,

ORDERED that the order is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the plaintiff.

The defendants Shmulick Contracting Corporation and Shmulick Yizhary (hereinafter the appellants) did not proffer a valid excuse for their failure to respond to the plaintiff's discovery demands, to comply with court orders, and to oppose the plaintiff's motion to strike their answer ( see MRI Enters. v. Amanat, 263 A.D.2d 530; Roussodimou v. Zafiriadis, 238 A.D.2d 568; Lauro v. Cronin, 184 A.D.2d 837). Moreover, they did not demonstrate the existence of a meritorious defense ( see MRI Enters. v. Amanat, supra). Consequently, the Supreme Court properly denied their motion to vacate the default.

The appellants' remaining contention is without merit.

ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and MASTRO, JJ., concur.

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29-31 N. STA. PLAZA v. SHMULICK CONSTR. CORP
(Jun 14, 2004)