EMPIRE CHEVROLET SALES CORP. v. SPALLONE

ORDERED that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that the affidavits of the plaintiff's attorney, who had personal knowledge of the facts regarding his failure to appear at a conference, were sufficient to establish a reasonable excuse for default — that he did not receive notice of the conference (see Bloom v. Primus Automotive Fin. Servs., 292 A.D.2d 410). In addition, the documentary evidence submitted in support of the plaintiff's motion, which included the defendant's deposition testimony, established the merits of the action (see Zuckerman v. City of New York, 49 N.Y.2d 557).

The defendant's remaining contentions are without merit.

FEUERSTEIN, J.P., SMITH, H. MILLER and TOWNES, JJ., concur.